CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
October 14, 2003

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Pam Feagle

MEMBER ABSENT: Doug Everett

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, June Byers, Rodney
Lytle and Annette Anderson

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

Mayor Frith then read a memo from Councilmember Everett that had been faxed to City Hall earlier
this day. Mayor Frith said in the memo Councilmember Everett had apologized for his absence
explaining he had to be out town to deal with some Department of Transportation issues. Mayor Frith
said in the memo Councilmember Everett restated his position on Ordinance No. 772—that he was
opposed to the ordinance, as written. Mayor Frith said in regard to the item of street
resurfacing/paving, Councilmember Everett requested O’Quinn Street be considered for immediate
paving due to its horrific road condition. Mayor Frith said Councilmember Everett had requested the
memo be made part of the official minutes.

AGENDA ITEM (3)…PRESENTATION OF CERTIFICATE(S) OF APPRECIATION TO CITY

EMPLOYEE(S) FOR YEARS OF SERVICE.

City employee Willie Gent was not present to accept the certificate.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Feagle made a motion to adopt the minutes of
September 10, 2003, Special Session; September 11, 2003, Special Session; September 15, 2003,
Special Session; September 19, 2003, Special Session; September 23, 2003, Regular Session and
September 29, 2003, Special Session as written; seconded by Councilmember Scott and upon roll call
vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X
Page 2, October 14, 2003, Council Minutes-Regular Session

AGENDA ITEM (5)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

Mr. Floyd Ford, project manager for Taylor Coastal Water & Sewer District (TCW&SD) addressed the
City Council to confirm TCW & SD’s request for the City to accept sludge from their wastewater
treatment facility. Mr. Ford briefed the Council on discussion with City wastewater superintendent
Danny Lundy and Director of Public Works Barney Johnson regarding this request. Mr. Ford said as a
pre-condition of issuing a permit, the Florida Department of Environmental Protection (DEP) indicated
TCW&SD must identify the facility to receive the sludge. Mr. Ford said TCS&WD would need a
letter from the City stating the City treatment plant could accommodate the sludge.

Councilmember Scott asked Mr. Johnson’s recommendation. Mr. Johnson said he didn’t see any
problem with doing this. Mr. Brynes commented the city’s engineer doesn’t have a problem with the
design. Councilmember Feagle asked if there would be any expense to the City. Mr. Johnson said if
there were, it would be very minimal. Attorney June Byers, attending in city attorney Bill Blue’s
absence, told the Council there might be some issues with this and suggested the public might need to
be notified. Mayor Frith said he had no problem with accepting sludge from TCW&SD, but if Ms.
Byers wants to look at the DEP matter at her expense, she could do so. Councilmember Feagle made a
motion that the City provide a letter saying the City of Perry is willing to accept sludge from
TCW&SD and the City’s wastewater treatment plant can accommodate the sludge, contingent upon the
city attorney not finding any negative issues with this. Councilmember Alexander seconded the
motion and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X

AGENDA ITEM 6(A)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 772

AN ORDINANCE OF THE CITY OF PERRY FLORIDA, INCREASING THE SALARIES OF CITY

COUNCIL MEMBERS FROM $5,839 PER YEAR TO $12,000 PER YEAR, INCREASING
COUNCIL MEMBER COMPENSATION TO INCLUDE OPTIONAL HEALTH AND LIFE
INSURANCE COVERAGE, ABSOLVING COUNCIL MEMBERS FROM PERSONAL LIABILITY
ASSOCIATED WITH RECEIPT OF UNAUTHORIZED COMPENSATION BENEFITS,
REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 772 be read by title only. The motion was
seconded by Councilmember Alexander and upon roll call vote was as follows:

YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X
Page 3, October 14, 2003, Council Minutes-Regular Session

The secretary read Ordinance no. 772 by title only. Mayor Frith opened the public hearing. Resident
Mike Whittingham addressed the Council regarding the ordinance. Mr. Whittingham questioned upon
what basis the Council seeks to change the ordinance. Mr. Whittingham said he understood from a
local newspaper article the historical basis that the Council had not had a raise for a long time but he
questioned the logic for a salary of $12,000. Mr. Whittingham said he would be in favor of a cost-of-
living allowance but only if it went back to when each Councilmember was elected. Mr. Whittingham
questioned whether any research had been done on comparable Council salaries. Mr. Whittingham
said he had done some research and believes the Council’s current salary to be about in the middle. Mr.
Whittingham said consideration should be given to the quality of service provided.

Commenting on Mr. Whittingham’s suggestion that Councilmembers receive different salaries, Mayor
Frith commented there is one salary for all Councilmembers and the last time there was an increase
was in 1983. Mayor Frith said he did research the consumer price index as to what a dollar would buy
then versus what it would be today and found the figure was in excess of $11,000 needed to equal the
amount Council received in 1983. Mayor Frith commented the Council members have all been in
office various lengths of time and he doesn’t see how there could be a different rate of pay for each
district or Councilmember. Mayor Frith said in comparing the City of Perry to other cities, some other
cities provide expense accounts for their officials, whereas the City of Perry does not. Mayor Frith said
when he brought up the issue of increasing Council salaries, it was basically to get the dollar to where
it would buy the same thing it bought close to the time the Charter was adopted.

Councilmember Scott said, when comparing other cities to the City of Perry, other cities do not have
the operations this Council has to oversee. Referring to the budget deficit of approximately 16,000,
Councilmember Scott said the Mayor had made mention at the last Council meeting that Buckeye
Community Federal Credit Union made an offer to provide $16,000 to the City in exchange for the
City’s abandoning a portion of Madison Street (if legalities are worked out). Councilmember Scott
said this could be considered “expected income”. City Manager Bill Brynes said this amount is not in
the budget, to which Mayor Frith stated the budget had already been adopted. Mr. Brynes said if the
$16,000 were received, the budget would be amended by resolution for that amount.

As there was no one else to address the Council, Councilmember Alexander made a motion to adopt
Ordinance No. 772. Mayor Frith called for a second to the motion. Hearing none, Mayor Frith
relinquished the gavel to Vice Mayor/Councilmember Alexander and seconded the motion. Upon roll
call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X

The meeting continued with the next item of business.

Page 4, October 14, 2003, Council Minutes – Regular Session

AGENDA ITEM 6(B)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 773

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, GRANTING AN EASEMENT TO A

PERSON LOCATED IN THE CITY OF PERRY.

Ordinance No. 773 was read by title and Mayor Frith opened the public hearing. Mayor Frith said
Sharon Burns, who had requested the easement, has now requested a deed instead of an easement for
the property. Mayor Frith said he spoke with Ms. Burns and told her an easement was as good as a
deed. Councilmember Feagle said if there were no differences legally, she would prefer to stay with
the easement and keep the ordinance as written. Councilmember Scott agreed. There was no one from
the public to speak for or against the ordinance. Councilmember Feagle then made a motion to adopt
Ordinance No. 773 as written. The motion was seconded by Councilmember Alexander and upon roll
call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X

AGENDA ITEM 6(C)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 774

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA GRANTING AN EASEMENT TO A

PERSON LOCATED IN THE CITY OF PERRY.

Attorney June Byers advised the Council to continue the public hearing on Ordinance No. 774 to the
October 28, 2003, regular Council meeting. Ms. Byers said there might be some issues and the
individual requesting the easement is out of town. When asked by Councilmember Feagle about
advertising costs, Mayor Frith said the individual requesting the easement would be responsible for
any further costs, if there are any. On the advice of the attorney, it was the consensus of the Council to
continue the public hearing to the October 28 regular session Council meeting.

AGENDA ITEM 6(D)…INTRODUCTION AND FIRST READING – ORDINANCE NO. 775

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF PERRY TO BRING THEM IN
CONFORMITY TO THE NATIONAL FLOOD INSURANCE PROGRAM’S MINIMUM LAND
MANAGEMENT CRITERIA; TRANSFERRING PORTIONS OF CHAPTER 10, FLOOD DAMAGE
PREVENTION AND CONTROL FROM THE CODE OF ORDINANCES CITY OF PERRY INTO
THE LAND DEVELOPMENT REGULATIONS; REMOVING CHAPTER 10, FLOOD DAMAGE
PREVENTION AND CONTROL FROM THE CODE OF ORDINANCES CITY OF PERRY; TO
CORRECT AND ADD DEFINITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

Councilmember Alexander made a motion that Ordinance No. 775 be read by title only. The motion
was seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X
Page 5, October 14, 2003, Council Minutes-Regular Session

The secretary read Ordinance No. 775 by title only. Attorney Byers explained a phone audit of the
City’s Land Development Regulations (LDR’s) between FEMA, the State and City of Perry had found
there were some deficiencies. Ms. Byers said she and Director of Community Development Billy
LaValle went through the ordinance and LDR’s and the deficiencies were corrected, as reflected in the
ordinance.

Mayor Frith stated Ordinance No. 774 would be brought back October 28 for public hearing and final
reading.

AGENDA ITEM 6(E)…INTRODUCTION AND FIRST READING – ORDINANCE NO. 776

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, MULTIPLE FAMILY-ONE (RMF-1) TO RESIDENTIAL OFFICE
(RO), AS STATED HEREIN, OF CERTAIN LAND WITHIN THE CITY OF PERRY, PROVIDING
FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.

Councilmember Alexander made a motion that Ordinance No. 776 be read by title only. The motion
was seconded by Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X

The secretary read Ordinance No. 776 by title only. Director of Community Development Billy
LaValle explained this property had once been zoned residential office but zoning had been changed to
multiple family-one. Mr. LaValle said the ordinance would move the zoning back to residential office.
Councilmember Feagle said if the neighborhood doesn’t have a problem with the change in zoning, she
doesn’t have a problem with the ordinance. Mr. LaValle said an eight-block area is already zoned
residential office. Mr. LaValle said part of his duty is to notify the neighboring residents and record
concerns and/or requests. Mr. LaValle said there are none with this request. Mr. LaValle said the
City’s Planning and Zoning Board had heard this matter and had no recommendation other than to
recommend the zoning be changed to residential office as requested.

Mayor Frith noted Ordinance No. 776 would be brought back for public hearing and final reading at
the October 28, 2003 regular session Council meeting.
Page 6, October 14, 2003, Council Minutes-Regular Session

AGENDA ITEM 6(F)…RESOLUTION NO. 2003-13; A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PERRY, FLORIDA, ASSUMING LIABILITY FOR ROAD CLOSING FOR THE
TAYLOR COUNTY HIGH SCHOOL HOMECOMING PARADE ON NOVEMBER 7, 2003.

Taylor County High School student Sarah Whitfield and Ms. Susan Nelson addressed the Council to
request the Council’s consideration of approving the road closing for the homecoming parade.
Councilmember Alexander made a motion to approve Resolution No. 2003-13 contingent upon
Department of Transportation permitting. The motion was seconded by Councilmember Feagle and
upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X

AGENDA ITEM 6(G)…THE CITY COUNCIL TO REAPPOINT MEMBERS OF THE CITY’S

PLANNING AND ZONING BOARD/BOARD OF ADJUSTMENT TO ANOTHER TERM.

Mr. LaValle told the Council members, Jack Scott, Walker Bassett and Charles August have agreed to
serve another term, if the Council so desires. Councilmember Feagle made a motion to reappoint
members Jack Scott, Walker Bassett and Charles August to the City’s Planning and Zoning
Board/Board of Adjustment. The motion was seconded by Councilmember Alexander and upon roll
call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X

AGENDA ITEM 6(H)…CITY COUNCIL TO CONSIDER REQUEST OF RETIRED POLICE

OFFICER TO RETAIN HIS SERVICE WEAPON.

In a memo to the Council, Chief of Police Wayne Putnal noted Florida Statues allows for an officer
who retires under state or municipal retirement to retain his service weapon, along with other service
items. Chief Putnal said retired police officer Ray Morgan has requested he be allowed to keep only
his service weapon. Councilmember Scott made a motion that retired police officer Ray Morgan be
allowed to retain his service weapon. The motion was seconded by Councilmember Feagle and upon
roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSENT
Mayor Frith X
Page 7, October 14, 2003, Council Minutes – Regular Session

AGENDA ITEM 6(I)…CITY COUNCIL AND STAFF TO DISCUSS PROPOSED STREET PAVING
PROJECT.

City Engineer Mike Murphy reviewed preliminary cost estimates for resurfacing/paving a number of
city streets, including the cemetery, at a preliminary cost estimate of $3,189,995. Mr. Murphy told the
Council storm water drainage would be an issue with paving the cemetery, as storm water would have
to be routed to a regional pond. Mr. Murphy said the preliminary cost estimate for paving streets in the
cemetery is $1,470,000, but there might be another option. Mr. Murphy explained a pervious
pavement material could possibly be used, thus, eliminating the need for storm water drainage and
reducing the cost to approximately one-third the cost of other materials. Mr. Brynes asked the life of
the pervious material. Mr. Murphy estimated 5 to 10 years and commented this material would be
ideal for the cemetery, as there is not much traffic.

Councilmember Feagle asked how much money was allocated for paving. Mr. Brynes said
approximately $1 million had been set aside for resurfacing/paving. Director of Public Works Barney
Johnson suggested the Council look at these streets again and make sure the need (to resurface/pave) is
there and prioritize which ones could be done. Councilmember Feagle requested the city manager to
check into whether any historical grants are available for paving the cemetery streets. Councilmember
Feagle said the Council has talked about the city’s cash reserves and discussed cash reserves being
available for projects such as this (resurfacing/paving of city streets). Referring to Councilmember
Everett’s request that O’Quinn Street be put on the list for paving, Mr. Murphy told the Council the
City does not own the right-of-way on this street. There being no further discussion at this time, the
meeting continued with the next item.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes told the Council he had received a request from the youth pastor of First Assembly of God
for any old street signs, stop signs, etc., to be used as props in their youth center. It was the consensus
of the Council to grant the request if there are no legal impediments.

On another request, Mr. Brynes said the (Taylor County) Band Boosters have requested the City run
(natural) gas to the concession stand at the stadium. Mr. Brynes said the City could do this and pay the
gas bill. Mr. Brynes said monies from the ticket sales could be used to pay the City back. It was the
consensus of the Council to grant the request from the Band Boosters.

On another matter, Mr. Brynes asked if Councilmembers planned to attend the Suwannee River League
of Cities dinner meeting October 27, 2003 so reservations could be made and payment sent. Mayor
Frith, Councilmember Scott, Councilmember Alexander and Councilmember Feagle said they were
planning to attend.
Page 8, October 14, 2003, Council Minutes – Regular Session

AGENDA ITEM (8)…DEPARTMENT HEADS.

Director of Public Works Barney Johnson said staff and Council had recently talked about 12 trees the
City’s Tree Board had recommend be cut down. Mr. Johnson said the City received a bid of $1,500
from a Madison individual and a $1,725 bid from a local contractor. Mr. Johnson asked what should
be required of the person hired i.e. insurance and if so, how much?

Councilmember Feagle asked where the trees are and if they really need to be cut. Mr. Brynes said
there are two situations: one where trees need to be cut and another situation where an individual that
lives near a tree wants it cut. Mr. Brynes said all are on city right-of-way. Councilmember Scott
commented if the tree(s) need to be cut, the City doesn’t have a choice, but if an individual just wants a
tree cut, the City doesn’t need the expense of cutting the tree.

Councilmembers suggested staff contact Progress Energy to cut those trees that have power lines
involved and see what trees are left to cut. Mr. Johnson said there is one tree that needs cutting for
safety reasons and asked which individual should be used. Councilmembers agreed for liability
purposes, the local individual who has insurance should be hired for the job.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle asked for an update on the painting of stop bars. Mr. Johnson said this work is
almost complete.

Councilmember Feagle asked Mr. LaValle for an update on a particular abandoned house and cars. Mr.
LaValle said he has had no response from the property owner and commented it is not against the law
to have an abandoned house. Councilmember Feagle said windows are broken out and questioned
whether there could be certain activity going on. Mr. LaValle said one more thing he could do is to
send the owner another letter that says the house does not meet the City’s housing codes.

Councilmember Alexander told staff areas of Beverly Street are sinking in.
Councilmember Alexander asked for an update on possible help from Suwannee River Water
Management District (SRWMD) for storm water concerns. Councilmembers requested staff contact
SRWMD to request they come to the next Council meeting to discuss this matter.

Mayor Frith asked staff to check into abandoned vehicles on Calhoun Street and cleanup of an old tire
shop on N. 221.

Councilmember Scott thanked staff for cleanup of sidewalks at Jerkins Park. Councilmember Scott
commented briefly of the article in the Quality Cities” magazine featuring the City’s 100-year
anniversary.

Mr. Johnson told the Council he would rate those streets listed for resurfacing/paving for the Council
and bring a recommendation.
Page 9, October 14, 2003, Council Minutes – Regular Session

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 7:45 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date