CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
APRIL 8, 2008 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, April 8, 2008 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 P. Ashbrook, Commissioner
Antonius G. Barnes, Commissioner
Roger P. Schad, 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 Commissioner Ashbrook gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor’s Report: Mayor Kelley reported that he has been lobbying in Tallahassee regarding budget issues.
Item #4. Commissioner’s Report:
Barnes: No report.
Wittkopf: No report.
Commissioner Ashbrook reported that he attended the MAPPS pinning ceremony at Mosley High School last Thursday and that 250 qualified students were pinned.
Schad: No report.
Item #5. City Manager’s Report: A. Proclamation - Library Appreciation Month: City Manger Lynch read this proclamation 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
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
B. Proclamation - Arbor Day - 4/25/2008: City Manager Lynch read this proclamation in its entirety.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
C. Employee of the Month - March 2008: Ms. Debbie Marley, Planning Department, was awarded the Employee of the Month award - March 2008 for her hard work and dedication to the City.
D. Supervisor of the Quarter - Jan. - March 2008: Ms. Linda Pavlus, Utility Billing and Accounts Payable, was awarded the Supervisor of the Quarter award for her hard work and dedication to the City.
City Manager Lynch reported that he will be out of the office April 15-18, 2008. Deputy City Manager Messer will be in charge and Police Chief Messer will report to the Commission.
Item #6. City Attorney’s Report: City Attorney Jackson reported that he received a letter from the applicant of Item #14 - Walmart, requesting this item be tabled until the April 22, 2008 meeting.
City Attorney Jackson reported that he provided the Commission at the workshop on April 7, 2008 a signed agreement for homeowners in the Landings; this refers to a stormwater situation that requires all affected homeowners to sign an agreement permitting the City to access the back of their property to make the necessary repairs to the stormwater drainage system. City Attorney Jackson request Commission approval to accept the agreement and allow the Mayor to sign subject to City Attorney approval.
Motion by Commissioner Schad: To approve as presented by the City Attorney.
Second to the motion: Commissioner Ashbrook.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
PUBLIC HEARING OPENED: 4:10 P.M.
Item #7. Small Scale Plan Amendment, SSA-08-2, Hugh & Sarah Locke, south of Hwy 390 & east of Hilltop Lane: The property owners are requesting an amendment to the Future Land Use Map. The land use change is for approx. 9.63 +/- acres.
The land is located in the 4500 block of Hilltop Lane. The property land use designation is Low Density Residential and is proposed to change to Medium Density Residential and Conservation.
Ms. Janet Walker commented on the land use change.
After audience participation the Public Hearing was closed at 4:18 p.m.
CONSENT AGENDA:
Item #8. Minutes: 3/25/2008 - Regular Meeting
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
OLD BUSINESS:
Item #9. Second and final reading of Ordinance 896, Small Scale Plan Amendment, SSA-08-2: City Manager Lynch read Ordinance 896 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Commissioner Wittkopf stated that she has a problem with traffic in that area.
On Vote:
Barnes: aye
Wittkopf: no
Ashbrook: aye
Schad: aye
Kelley: aye
Motion passed: 4-1
Item #10. Second and final reading of Ordinance 897, General Employees’ Pension Ordinance Amendment: Staff recommends approval of Ordinance 897 amending the General Employees’ Pension to allow for a PLOP option and to allow for transfer between any of the City’s pension plans without losing accumulated credited service. City Manager Lynch read Ordinance 897 by title only. This was the second and final reading.
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. Second and final reading of Ordinance 898, Firefighter’s Pension Ordinance Amendment: Staff recommends approval of Ordinance 898 amending the Fire Pension to allow an employee to DROP from multiple City pension plans. City Manager Lynch read Ordinance 898 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
Item #12. Second and final reading of Ordinance 899, Police Officer’s Pension Ordinance: Staff recommends approval of Ordinance 899 amending the Police Pension to allow for a PLOP option and to allow an employee to DROP from multiple City pension plans. City Manger Lynch read Ordinance 899 by title only. This was the second and final reading.
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 #13. Discussion and possible action regarding approval of a Development Order and Certificate of Concurrency for Neubauer Real Estate Expansion: This is a request for a 3,388 square foot addition to the existing 3.796 square foot real estate office on approx. 1 acre located at 3434 Hwy 77.
City Attorney Jackson stated that this is a quasi-judicial hearing and all parties who wished to speak on this item were sworn in at this time.
The record should reflect that no commission member has had ex-parte communication with the affected parties.
Mayor Kelley has spoke with staff on this issue.
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 #14. Discussion and possible action regarding approval of a Development Order, Certificate of Concurrency and Preliminary Plat for Walmart: Tabled.
Motion by Commissioner Schad: To table this item until the April 22, 2008 meeting.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Ashbrook: aye
Kelley: aye
Motion passed: 5-0
Item #15. Re-appointment of Donald Teel to the Leisure Advisory Board:
Motion by Commissioner Wittkopf: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Wittkopf: aye
Ashbrook: aye
Schad: aye
Barnes: aye
Kelley: aye
Motion passed: 5-0
Item #16. Discussion and possible action regarding appointment of Jeannette Yount to the Leisure Services Advisory Board:
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 #17. Public Commentary:
Mr. Dale Goerg stated that he is concerned with the stormwater structure at Davis Lake. He requested an engineer study be done. Mr. Goerg stated that he has had council with an attorney, however, he does not want to hire an attorney to resolve this issue.
City Manager Lynch stated that since Mr. Goerg has indicated in a written letter to the City that he intends to sue his request has been sent to the City’s insurance company, however, if Mr. Goerg will provide the City with a retraction regarding pending litigation the City would meet with him to discuss this issue. Mr. Goerg stated that he did not feel a retraction was necessary.
Mr. Richard Walker commented on traffic concerns on Hwy 77.
There was no further business to discuss and the meeting was adjourned at 4:36 p.m.
APPROVED THIS_________________DAY OF____________________2008.
____________________________________
Walter T. Kelley, Mayor
ATTEST:
_________________________________
John B. Lynch, City Manager
Prepared by Laurie Baker
