CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
June 12, 2001

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Don Cook, Doug Everett

STAFF PRESENT: Bill Brynes, Barney Johnson, Billy LaValle, George Stamos, Bill Blue, Annette
Anderson

Mayor Frith called the meeting to order. Councilmember Alexander led those attending the meeting in
prayer. Mayor Frith led the group in the Pledge of Allegiance to the Flag. The secretary called the roll.
PRESENT ABSENT
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM (3)…APPROVAL OF PREVIOUS MINUTES: May 22, 2001Regular Session; May
30 and 31, 2001 Special Session.

After a brief review of the minutes, Councilmember Scott made a motion to adopt the minutes of
May 22, 2001, Regular Session as written; seconded by Councilmember Cook and upon roll call vote
was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett No Vote
Mayor Frith X

Councilmember Everett said he felt that since he was not on the Council for this meeting, he should
not vote on approval of these minutes.

Councilmember Cook made a motion to approve the minutes of May 30, 2001, Special Session. The
motion was seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett No Vote
Mayor Frith X

Councilmember Everett said he felt that since he was not on the Council for this meeting, he should
not vote on approval of these minutes.
Page 2, June 12, 2001, City Council Minutes-Regular Session

Councilmember Scott made a motion to approve the minutes of May 31, 2001 Special Session. The
motion was seconded by Councilmember Everett and upon roll call vote was as follows:
YEA NAY
Councilmember Cook Absent this meeting
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Councilmember Cook said he was absent for the May 31, 2001, Special Session.

AGENDA ITEM (4)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

Mr. Gregory S. Parker, PA, who is a local attorney representing Mrs. Lisa Arrowood addressed the
Council regarding Ms. Arrowood’s attempt to expand her business, The Dance Workshop and
Gymnastic Center. Mr. Parker said Ms. Arrowood has been informed by City Director of Community
Development George Stamos that her building is not in compliance with the provisions of State
building codes and the addition to the structure would be denied because of American Disabilities Act
(ADA) accessibility guidelines. Mr. Parker explained that when the building was being built in 1998,
Ms. Arrowood was notified the building was not in compliance with ADA guidelines. Mr. Parker said
there is no record to be found, but Ms. Arrowood proceeded to appeal to seek a waiver of these
accessibility guidelines, which pertained to the top floor of her building. Mr. Parker said Ms.
Arrowood was told she had to install an elevator or build a ramp to the top floor. Mr. Parker said Ms.
Arrowood said she went before the Accessibility Code Commission and received a waiver at the time
but was told that within three years she would have to comply. Mr. Parker said what the order did not
say was what she had to do to comply. Mr. Parker said he and his client contend that the building does
comply. Mr. Parker said he is requesting the Council seek advice from its legal counsel on this issue.
Mr. Parker said Mr. Stamos says an elevator must be built, but when asked where to find this
requirement, Mr. Stamos was unable to provide such to his satisfaction. Mr. Parker said Mr. Stamos
felt bound by the order from the Accessibility Code Commission and when he was asked to seek
advice from the city attorney, Mr. Stamos said he would not do this. Mr. Parker said the ADA and
Florida Accessibility Code Commission says requirement does not limit meeting other accessibility
requirements and speaks of vertical accessibility guidelines (putting in stairs). Mr. Parker said there is
no requirement that The Dance Studio would have to have an elevator put in.

Mr. Parker said he is requesting the Council ask the city attorney to review the documents. City
Manager Bill Brynes spoke to say that Mr. Parker had brought this issue before the wrong body;
whereas, he should be presenting this to the City’s Board of Adjustment and Appeals. Mr. Parker said
the city attorney had suggested he bring this before the City Council. Mr. Brynes asked Mr. Parker if
he is aware that an appeal of the building inspector goes before the Board of Adjustments and Appeals.
Mr. Parker said he was just trying to “short-circuit” the system, but if the Council wishes him to
proceed in that manner, he would do so.
Page 3, June 12, 2001, City Council Minutes-Regular Session

Councilmember Everett asked if the Board chose not to submit review to legal consideration, does the
Council have legal ability to overrule the Board? Mr. Blue said there are some decisions of the Board
that the Council cannot nullify or change. Mayor Frith said it appears the final order indicates the
application for waiver by petitioner is a waiver from vertical accessibility requirement and had been
imposed by the former building official but no record can be found. Councilmember Everett
commented the provision for elevator requires under three stories not be required to have an elevator.
Director of Community Development George said the code refers to a different area and although he
sympathizes with Ms. Arrowood the City has to defer to the State in this matter. Mr. Stamos said if
there were to be an appeal, the proper procedure would be to go back to the State and have them
nullify and overturn the ruling

Mr. Blue stated it is correct that the appeal process requires individuals to go before the Board of
Adjustment. Mr. Blue said if there is additional information on this issue, it should be provided so the
applicant could better prepare. Mayor Frith asked if it would be legal for the Council to ask the city
attorney to do some research on this issue and be prepared to present it at the next meeting of the
Board of Adjustment. Mr. Blue stated it would be legal. Councilmembers expressed their wish that
this be done. Councilmember Everett asked if, after the decision of the Board, and it comes back
before the Council if the Council would have the ability to vote “yes or no.” Mr. Brynes said after the
appeal to the Board, the matter would not come again to the Council—it would go to court. Mayor
Frith further explained that the Council would not be the final determiner. Councilmember Cook
spoke to say that this is because the Council has given up this right. Councilmember Cook said the
Council had enacted an ordinance delegating such decision to the Board and did not leave room for
such issues to come back before the Council. Councilmember Cook spoke of a letter he had written to
the Council some time ago regarding his objection that the Council cannot involve itself in a decision
once it has been made by the Board. There was a question of whether the Council could make a
decision this meeting to allow Ms. Arrowood to proceed. Mr. Blue said this would be a violation of the
City’s Land Development Regulations.

After discussion, it was the consensus of the Council that city attorney Bill Blue act as legal counsel
for the City Council and Board of Adjust and to have information on this issue ready to review before
the next Board meeting.

AGENDA ITEM 5(A)…PUBLIC HEARING AND FINAL READING-ORDINIANCE NO. 750

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING ORDINANCE NO. 601, AS

AMENDED, BY AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF PERRY AS
AUTHORIZED BY ORDINANCE NO. 601, AS AMENDED, PROVIDING FOR A CHANGE IN
ZONING FROM RESIDENTIAL SINGLE FAMILY-TWO (RSF-2) TO RESIDENTIAL OFFICE
(RO), AS STATED HEREIN, OF CERTAIN LAND WIHTIN THE CITY OF PERRY; PROVIDNG
FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Page 4, June 12, 2001, City Council Minutes-Regular Session

Councilmember Cook made a motion that Ordinance No. 750 be read by title only. The motion was
seconded by Councilmember Alexander and upon roll call vote was as follows:

YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

The secretary read Ordinance No. 750 by title only and Mayor Frith opened the public hearing. There
was no one to speak for or against Ordinance No. 750. Councilmember Cook made a motion to adopt
Ordinance No. 750; seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(B)…THE CITY COUNCIL TO DISCUSS THE FEASIBILITY OF CHANGING

THE DATES THAT CANDIDATES MUST QUALIFY FOR ELECTION TO THE CITY COUNCIL
AND THE DATE OF ELECTION FOR THE OFFICE OF CITY COUNCIL.

Mayor Frith commented City Attorney Bill Blue had drafted an ordinance relating to the changing of
dates that candidates must qualify for election to the City Council and the date of election for the office
of City Council. Mayor Frith asked Mr. Blue to give a synopsis of this issue. Mr. Blue said at a recent
special session of the City Council, Councilmembers had to decide the qualifying dates to use for the
election. Mr. Blue said it was brought to the Council’s attention the City Charter provides for one
method for qualifying dates and Florida Statutes provides for another method. Mr. Blue said the City
has followed the Florida Statues method. Mr. Blue said the draft ordinance would amend the Charter
to change the qualifying dates to be in compliance with the city’s past practice and Florida Statutes.
Mr. Blue said, also, as drafted, the ordinance changes the dates for election from July to November and
alters the terms of Districts four (4) and five (5) for one time only to take into account the change of
date of election from July to November, which actually alters the length of those terms.

Councilmember Scott asked why the City’s elections have always been held in July rather than in
November. Mayor Frith said a federal judge directed this and the rationale was to get new districts
started. Mr. Brynes further explained the members of Council at that time felt it would be
inconvenient for others to run against them.

Councilmember Cook said this seems good business now in that the Supervisor of Elections, Molly
Hendry Lilliott, says an election is quite an expense for the City. Mr. Blue said Ms. Lilliott has
advised of some drawbacks to having the city election in November. One being that the City’s districts
do not match the County’s districts. Mr. Blue said another drawback could be that not as many
people would fill out a second ballot and they would one ballot. Councilmember Scott had a concern
about voting in different polling places if done in November. Mr. Blue said it would take advertising
Page 5, June 12, 2001, City Council Minutes-Regular Session

and educating the public, but is felt there would be a greater turnout of voters. City Manager Bill
Brynes commented about the possible need for additional voting equipment, and questioned whether
the State would provide the funding. Mr. Blue said there would be a voting machine in each precinct
house. Mr. Brynes asked if the City’s election is held in November, if the County would have to
acquire additional voting machines. Mr. Blue said he did not know. Councilmember Cook said his
interest in the possibility of changing the election date to November was the economy of the election.

Mr. Blue said two other items (change) would require a referendum. Mr. Blue said changing the body
that has the discretion of the qualifying of candidates to the Supervisor of Elections rather than the City
Council. Mr. Blue said this is just a suggestion but he would encourage it--from a political standpoint.
Mr. Blue said another item would be to tighten up the residency requirement to be more specific and
clear. Mr. Blue said the Council could decide to put these on referendum if these changes are to be
made. Councilmember Scott asked when this could be put on the ballot? Mr. Blue said this would be
up to the Council and what the City is willing to pay the Supervisor of Elections office to
accommodate the referendum.

Referring to a November election, Councilmember Scott asked if there would be separate ballots for
the City Council seats. Mr. Blue said there would be separate ballots for the Council seats. MR. Blue
explained that City residents would actually receive two ballots – one for City Council voting and one
for regular voting. Councilmember Scott said she has questions before deciding to move the city
election to November, but changing the City Charter for qualifying times is agreeable to her. Mr.
Brynes told the Council the issue need not be dealt with right away, as there is no urgency on the
matter.

Councilmember Everett asked if the Council could make changes regarding the six-month residency
requirement. Mr. Blue said any change in the residency requirements would require a referendum. For
clarification Councilmember Scott asked if changing the Charter to alter the terms of existing Council
seats could be accomplished without referendum but that the Council could request a referendum if it
chose to do so. Mr. Blue said yes. Mayor Frith suggested the Council could take more time to review
this and see what the savings to taxpayers could be with the different options. Councilmember Everett
asked what type of forum the Council would look at this matter in the future. Mayor Frith said he had
no objection to this item of discussion being placed on the agenda for the next City Council meeting.
In regard to extension of terms of Council members, Councilmember Everett asked if the Council
decided to do this, if it could be challenged by someone in that district who wanted to run again. Mr.
Blue said it could always be challenged, but it is an Attorney General opinion saying the City may do
this this way. Mr. Blue said a precedent has already been set on such issue.
Page 6, June 12, 2001, City Council Minutes-Regular Session

AGENDA ITEM 5(C)…CITY COUNCIL TO APPOINT ONE (1) MEMBER TO SERVE ON THE
CANVASSING BOARD FOR THE CITY ELECTION.

Councilmember Scott made a motion that Mayor Frith be appointed to serve on the canvassing board
for the upcoming city election. The motion was seconded by Councilmember Everett and upon roll
call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(D)…CITY COUNCIL TO DISCUSS STREET NAME CHANGES.

City Manager Bill Brynes told the Council letters had been sent to residents on those streets being
proposed for a name change. Director of Public Works Barney Johnson said the requested date for
reply is June 30 and he would keep the Council updated on the matter.

AGENDA ITEM (6)…CITY MANAGER.

Mr. Brynes told the Council he had received a letter from the Florida Department of Transportation
(DOT) saying they will reimburse local governments for a portion of the cost to maintain and operate
signals on the State Highway System beginning in FY 2002-2003. Mr. Brynes explained that the state
installs the signal systems and the City has a contract to maintain them. Mr. Brynes said he thinks the
City should at least express interest in this and see what happens. It was the consensus of the Council
that this be done.

Mr. Brynes updated the Council on the rest room construction at the stadium ball field.

On another matter, Mr. Brynes said the Council has had discussion regarding disposition of hazardous
structures within the City. Mr. Brynes suggested two ways this could be handled. Mr. Brynes said one
way to do this would be to have the building inspector physically visit the site and inform the resident
(owner) that he was there to inspect the structure to see if it meets the minimum housing standards.
Mr. Brynes said the City does not do this. Another way would be to inspect a structure after receiving
a complaint. Mr. Brynes noted this would be of unoccupied structures. Mr. Brynes said the inspector
would make documentation such as taking photos, make a report of deficiency, send notice of unsafe
building to the property owner or individual(s) with interest in the property and see what response the
City receives. Mr. Brynes said if the individual is going to make repairs, the work is to be completed
in 90 days and if the work is completed in 90 days there is no further action is required. Mr. Brynes
said if the work is not completed the City has to do something and an unsafe building sign would be
issued and the owner notified. If the building needs to be demolished, notice would be issued and the
work would be done in 90 days, if completed, no further action. If not completed, City issues an
unsafe building notice and then can repair or demolish the building.
Page 7, June 12, 2001, City Council Minutes-Regular Session

Councilmember Everett expressed his thoughts on the City taking such action for structures on private
property that are not accessible to the public. Councilmember Everett commented if there is a concern,
it seems it would be of a civil matter. Councilmember Cook said he has a problem with government
reaching to property owners also, but his intent on this issue was to go after abandoned shacks that
contribute to safety concerns and are an inducement for drug hangouts and which create an eyesore in
the community. Councilmember Cook said these are many concerns the Council has been hearing
from the public. Councilmember Cook said the Council had discussed addressing such issue when
structures become vacant. City Attorney Bill Blue spoke to say that if the City wanted to pursue such
issue, the matter would go before the City’s Board of Adjustment for a public hearing and if the
(property owner) did not appeal, they would lose. Mr. Blue said in past practice the City has asked
property owners to voluntarily have the structure demolished and the City waived the cost. Mr. Brynes
said when demolition is the option, the City could contract someone to do this, which is most
expensive, or the City could do the demolition. Mr. Brynes said if the City does the demolition, there
is an ordinance that addresses how the individual would be charged for equipment and a bill would be
issued to the property owner for that and the tipping fee cost to the landfill. Mr. Brynes said then, most
likely, a lien would be placed on the property. Councilmember Everett asked if there were a set of
guidelines to determine whether a structure is safe or unsafe so as not to be discriminatory. Mr. Brynes
and Director of Community Development George Stamos said there were guidelines to be followed.

Mr. Brynes asked how aggressive the Council wishes to be in the demolition process. Mr. Brynes said
the Council had talked of doing one structure a month, which would increase the cost to city utility
customers to approximately $1.50 to $2.00 per month. Mr. Brynes suggested the City just do as many
as it can fit in. Mr. Brynes said he would provide the Council with a copy of the ordinance relating to
this issue.

AGENDA ITEM (7)…DEPARTMENT HEADS.

Director of Community Development George Stamos spoke briefly on the guidelines for determining
unsafe structures. Councilmember Everett said his concern was that the City not be discriminatory in
its selection of structures. Mr. Stamos said the City follows the set guidelines.

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Councilmember Cook complimented Mr. Stamos saying he appreciates and respects the job he does for
the City.

Councilmember Alexander told Mr. Brynes and Director of Public Works Barney Johnson he had
received a call from a resident in Spring Lake Heights asking if the State could place a “No Passing”
zone at Howard Warner near the Calvary Baptist Church. Mr. Johnson said he would contact the
Department of Transportation about this.
Page 8, June 12, 2001 City Council Minutes-Regular Session

Councilmember Everett referred to earlier discussion regarding the vertical accessibility concerns for
Mrs. Arrowood’s planned expansion of her dance studio. Councilmember Everett said as long as there
is compliance with state and federal guidelines for American Disability Act (ADA), he would like for
the City to work with Mrs. Arrowood to resolve the issue.

On another matter, Councilmember Everett said he has been approached by a couple of concerned
citizens regarding construction of the proposed new school. Councilmember Everett explained the
concern is that a local contractor be highly considered for the project when the bid process is done,
contingent upon that contractor submitting a competitive bid with outside bidders. Councilmember
Everett said he did not think the City could take any action regarding this; but he would like to see the
City lend its support for a local contractor. Councilmembers agreed the City could lend its support in
this matter.

Mayor Frith reminded the Council there would be another community meeting with the facilitator with
the Florida Commission on Human Resources (FCHR).

AGENDA ITEM (9…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:55 p. m.

ATTEST:

_______________________________ _________________________________
William E. Brynes, City Manager Richard D. Frith, Mayor

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date