CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
April 23, 2002

MEMBERS PRESENT: Shirley Scott, Pam Feagle, Doug Everett

MEMBERS ABSENT: Richard Frith and William Alexander

STAFF PRESENT: Bill Brynes, Wayne Putnal, Billy LaValle, Sarah Drawdy, Bill Blue and Annette
Anderson

Senior Councilmember Scott called the meeting to order and led those attending the meeting in prayer.
Councilmember Scott 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

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES: April 9, 2002, Regular Session

After a brief review of the minutes, Councilmember Feagle made a motion to adopt the minutes of
April 9, 2002, Regular Session as written; seconded by Councilmember Everett and upon roll call vote
was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

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

There was no one to address the Council at this time.

With agreement of the Council, Councilmember Scott deviated from the agenda to address agenda
items 5(F – I).

AGENDA ITEM 5(F)…PROCLAMATION – SEXUAL ASSAULT AWARENESS MONTH (APRIL).

Representatives from Refuge House addressed the Council briefly to request that the Council proclaim
the month of April as Sexual Assault Awareness Month in the City and Taylor County.
Councilmember Scott read the proclamation aloud and on behalf of the Mayor and with the consent of
the Council, proclaimed the month of April as Sexual Assault Awareness Month.

AGENDA ITEM 5(G)…PROCLAMATION – NATIONAL HOSPITAL WEEK – MAY 12-18, 2002.

It was the consensus of the Council to adopt the proclamation for National Hospital Week.
Page 2, April 23, 2002, Council Minutes-Regular Session

AGENDA ITEM 5(H)…PROCLAMATION - NATIONAL NURSES WEEK – MAY 6-12, 2002

It was the consensus of the Council to adopt the proclamation for National Nurses Week.

AGENDA ITEM 5(I)…PROCLAMATION – FIREFIGHTERS’ APPRECIATION WEEK

APRIL 21-25, 2002.

It was the consensus of the Council to adopt the proclamation for Firefighters’ Appreciation Week.

AGENDA ITEM 5(A)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 759

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-2 (RSF-2) 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 Everett made a motion that Ordinance No. 759 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 ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

The secretary read Ordinance No. 759 by title only. Councilmember Scott opened the public. There
was no one to speak for or against Ordinance No. 759. Councilmember Everett made a motion to
adopt Ordinance No. 759; seconded by Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 5(B)…RESOLUTION NO. 2002-07; CONSENT TO TRANSFER OF CONTROL

AND INTERNAL REORGANIZATION.

Mr. McHarque, ComCast Cable, addressed the Council and introduced Mr. Rick Seaman, general
manager from Tallahassee. Regarding the Consent to Transfer of Control and Internal Reorganization,
Mr. Seaman informed the Council the organization is not changing anything at all—that it is only
reorganizing. Councilmember Feagle asked if the local franchise would remain the same. Mr. Seaman
stated that it would. City Attorney Bill Blue asked if the franchise name would remain the same. Mr.
Seaman answered yes. Mr. Blue said he does not know a lot about the agreement with the franchisee
but with the knowledge he does have, he does not know why the City even needs to consent to a
Page 3, April 23, 2002, Council Minutes-Regular Session

resolution for reorganization, much less object to the resolution. Councilmember Everett commented
he sees no problem approving the resolution, as he sees no effect on the City at all. Councilmember
Everett then made a motion to approve Resolution No. 2002-07. The motion was seconded by
Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 5(C)…MIKE MURPHY, WILLIAM M. BISHOP CONSULTING ENGINEERS,

INC., TO DISCUSS FACILITY PLAN-COST AND COMPARISION OF ALTERNATIVES.

Mr. Murphy explained the wastewater facility plan allows the City to qualify for substantial federal
grants administered through the Department of Environmental Protection (DEP). Mr. Murphy then
reviewed three alternatives under the City’s wastewater facilities plan. Mr. Murphy also reviewed
Perry population and flow projections in five-year increments to 20 years. Councilmember Feagle
asked about a difference in population of about 1,000 from 2001 to 2020 and asked how this was
determined. Mr. Murphy explained the information came from a University of Florida study.
Councilmember Everett had questions regarding the anticipated growth in the next 20 years and spoke
about commercial growth. Mr. Murphy explained that commercial growth doesn’t really generate a lot
of wastewater (sewer) usage.

Mr. Murphy reviewed a flow diagram of the City’s existing wastewater treatment plant and went on to
review alternative one – advanced waste treatment. Mr. Murphy explained this alternative would allow
the City to continue to discharge into the creek (surface water). Review of advantages and
disadvantages: Advantages: Lowest capital cost; All work is located at the wastewater treatment plant
and; It is the simplest method of effluent disposal. Disadvantages: DEP encourages land application; It
may be difficult to obtain permit for surface water discharge in the future; It has the highest operation
and maintenance costs; Is the most complex operation and maintenance option. Total Capital Cost:
$2,050,000. The second alternative reviewed was the Secondary Treatment with Spray Irrigation.
Advantages: Requires no modifications to existing treatment process; Removes surface water
discharge; Is considered a permanent solution; Can yield a crop to be sold; Land is already purchased.
Disadvantages: Requires long pipeline to site; requires farming operation for a successful operation.
Total Capital Cost: $2,920,000. The third alternative reviewed was Advanced Secondary with Rapid
Rate Infiltration Basins (Percolation Ponds). Advantages: Easier to operate than Advanced Waste
Treatment (alternate one); Farming contract not required; Disadvantages: Highest capital cost; More
complex treatment than existing system; Very long pipeline to the site because of length of force main
needed); An acceptable site has not been identified; Increases the chance of forming sinkholes. Total
Capital Cost: $3,210,000.
Page 4, April 23, 2002, Council Minutes-Regular Session

Mr. Murphy explained percolation ponds were first considered; but after soil testing several areas, a
site that would work for percolation ponds had not been found. Mr. Murphy said the site purchased
(for the City) by Suwannee River Water Management District (SRWMD) would not work for
percolation ponds but will for spray irrigation. Mr. Murphy said alternative two is his
recommendation, as engineer. Mr. Murphy said DEP has said this is the most reliable (lower
application rate) type of system. Councilmember Scott commented that with all that is known about
alternative one, it really is not an alternative. Mr. Murphy said alternative one and three would require
some additional investigation. Councilmember Everett asked the size the percolation ponds would be
and asked how many acres SRWMD had bought for the City. Mr. Murphy said the ponds would be
about 50 to 60 acres and said SRWMD had purchased 500 acres, with 200 to be used for a spray field.

Councilmember Scott asked if the Council is to choose which option this meeting. Mr. Murphy said he
would like this so the project could proceed. Councilmember Everett commented about the difference
in cost between alternative two and three over a period of 20 years. Mr. Murphy said with alternative
three the wastewater treatment plant would have to be modified at a cost of about $500,000.
Councilmember Scott asked about the site SRWMD had purchased for a spray field and about other
sites tested. Mr. Murphy said all the sites tested proved unsuitable for percolation ponds to be used.
Councilmember Everett asked how many sites were tested. Mr. Murphy answered several were tested.
Councilmember Feagle said what bothers her about alternative three is the increased change of forming
sinkholes. Mr. Murphy explained when that much water is put in an area it increases that chance.
Councilmember Feagle asked if a study would have to be done to see if an area is prone to sinkholes
and how much this would cost. Mr. Murphy said a study could be done and a geologist could
determine this for a small cost. Councilmember Feagle asked the time frame. Mr. Murphy said the
project is on a timeline because of the Community Development Block Grant. Mr. Brynes said the
City has just received a six-month extension. Noting this, Councilmember Everett commented the City
is not in such a hurry and could possibly look at other sites for percolation ponds. Mr. Brynes said the
problem is there is no willing seller. Councilmember Everett questioned where sites were looked at
and how many contacts were made. Councilmember Feagle asked Mr. Brynes if his recommendation
was alternative two (spray irrigation-spray field) from what he has seen and what has been done. Mr.
Brynes said he doesn’t think the City has an option but to do the spray field and explained when this
was first begun, he wanted to do the percolation ponds, but there were no suitable sites for this. Mr.
Murphy noted when speaking of sites, these are about 200 acres each. Councilmember Everett asked if
percolation ponds were done what would be the life of the ponds. Mr. Murphy said, theoretically,
forever.

Councilmember Scott said it was her understanding this had already been done (decision on doing a
spray field) and SRWMD had purchased the land and now she is hearing this may not be what want
after all. Councilmember Scott asked Mr. Brynes if more land would be looked at or had all means
been exhausted. Mr. Brynes said the City could continue to look if this is Council’s wish.
Councilmember Feagle noted that two members of the Council were absent and thinks they should be
Page 5, April 23, 2002, Council Minutes-Regular Session

present when a decision is made. Councilmember Scott agreed and said because two members are
absent and being the magnitude of the issue, Council would not make a decision this meeting.
Councilmember Everett requested the Council request the city manager make some phone calls about
other properties and bring back to the Council. It was the consensus of the Council to meet in special
session on Tuesday, April 30, 2002, at 6:00 p. m. to continue discussion.

AGENDA ITEM 5(D)…CITY COUNCIL AND STAFF TO DISCUSS CLEAN UP ALONG U.S. 19.

City Manager Mr. Brynes said there are possibly two ways this cleanup could be done, keeping in
mind the goal is to remove unsafe or hazardous buildings in the City. Mr. Brynes said the first way is
by strict enforcement of the ordinance. Mr. Brynes reviewed the process. Mr. Brynes said normally
the City operates on complaints from individuals, determines the condition of a structure, notifies the
owner who can appeal to the City’s Board of Adjustment. Mr. Brynes said the structure could be
repaired or demolished and the owner has a certain amount of time to do this and if it is not done, the
City can go in and take care of the structure. Mr. Brynes said one way this has been done in the past is
to identify such a structure and receive permission from the property owner for the City to remove the
structure at no cost to the property owner. Mr. Brynes said, following this method, the City has
probably removed about 150 structures in the City over a period of several years. Mr. Brynes
explained that to recoup the cost of the tipping fee to the landfill the cost was passed on to the
residential customer at $1.00 per month on their billing.

Mr. Brynes said what would happen if the ordinance is followed, is that the cost to tear down a
structure would probably exceed the value of the land. Mr. Brynes said, even if the ordinance is
followed, the demotion would still have to be funded somehow. Councilmember Everett commented
that the funding process is the issue even when discussion cleaning up along U. S. 19. Councilmember
Everett spoke about the need to be concerned about the people in the community and commented that
one person’s perception is not necessarily another’s.

City Attorney Bill Blue said in those situations where the property owner complies with the voluntary
process agreeing to have the City tear down a structure and paying the tipping fees—90 percent of the
time this would be cheaper than the City paying him to go through the process of litigation. Mr.
Brynes noted the average cost (rough estimate) per structure is $2,500. Mr. Brynes said when the
Council determines what is to be done, it could then determine how to fund it. Councilmember Scott
said the structures need to be identified and property owners formally notified to repair or demolish the
structure and after hearing from these owners follow the procedure of the ordinance. Mr. Blue
commented the Council might want to consider not taking such a formal stance, saying, “put yourself
in the position of the property owner.” Mr. Brynes said if you are trying to get their cooperation, and
keep that avenue open, you don’t want to start by sending them a certified letter. Mr. Blue suggested
the first contact with these individuals could be by a phone call or personal visit and asked whether any
of these property owners have been contacted in the last couple of months.
Page 6, April 23, 2002, Council Minutes-Regular Session

Mr. Buddy Humphries, Taylor County Development Authority (TCDA), along with several business
owners and others, were in attendance. Mr. Humphries said about 10 commercial property owners in
that area had been contacted and given an explanation of what TCDA would like to see happen
regarding economic development for the community. Mr. Humphries said only one had responded
thus far. Councilmember Everett said an inventory and cost is needed because the City will bear the
brunt of the cost. Dr. Michael Walby said he knows this will cost some money, but what is needed
from the City is some idea of the amount of money the City will put towards the project. Mr. Dan
Simmons said if 10 structures per year at $2,500 were done this would amount to $25,000. In looking
at disposal options, Mr. Brynes said there is a location in Live Oak that is less expensive than the
Greenville landfill and the City could possibly go there if it needs to.

Councilmember Feagle asked Mr. Brynes the best way to create the best goodwill when approaching
the property owners. Mr. Brynes suggested going to property owner(s) you feel will volunteer to have
their structure demolished and the City pay for it. Councilmember Everett said there should be an
estimate of what the City would spend. Mr. Brynes said he’s comfortable with the City committing
$50,000 now, which would come out of cash reserves, and then look at what can be done next year.

Councilmember Everett spoke briefly on the appeal process if there is a need for the City to condemn a
structure due to a safety hazard. It was noted such a case would go through the City’s Board of
Adjustment, who has the final decision on the matter, and from there if need be it would go to court.
After discussion, Councilmember Everett made a motion that the City commit to spending $50,000 for
clean up along U. S. 19, contingent upon that $50,000 being allocated (used) first and foremost where
there is voluntary permission from the owner. Councilmember Everett said only after all efforts have
been exhausted trying to get property owners on a voluntary basis and before money is spent for legal
action, the matter be brought back to the City Council if there is a dispute by the property owner.
Councilmember Everett commented that people’s plight should be taken into consideration. The
motion was seconded by Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 5(E)…CITY COUNCIL TO CONSIDER INDIVIDUALS FOR APPOINTMENT TO

THE CITY’S CONSTRUCTION INDUSTRY LICENSING BOARD.

Councilmember Everett told the Council Mr. Michael Lynn, contractor, had agreed to serve on the
City’s Construction Industry Licensing Board. Director of Community Development Billy LaValle
told the Council Mr. Lynn’s appointment would fill one vacancy on the board, but there still remains
Page 7, April 23, 2002, Council Minutes-Regular Session

one to be filled. Councilmember Everett said another individual he has talked to about serving has not
yet given him an answer. Councilmember Everett made a motion to appoint Mr. Michael Lynn to
serve on the City’s Construction Industry Licensing Board. The motion was seconded by
Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

Councilmember Everett asked that Mr. Lynn be notified of his appointment to this board.

AGENDA ITEM 5(F)…PROCLAMATION – SEXUAL ASSAULT AWARENESS MONTH

This item discussed earlier.

AGENDA ITEM 5(G)…PROCLAMATION – NATIONAL HOSPITAL WEEK – MAY 12-18, 2002.

This item discussed earlier.

AGENDA ITEM 5(H)…PROCLAMATION - NATIONAL NURSES WEEK – MAY 6-12, 2002

This item discussed earlier.

AGENDA ITEM 5(I)…PROCLAMATION – FIREFIGHTERS’ APPRECIATION WEEK

APRIL 21-25, 2002.
This item discussed earlier.

AGENDA ITEM 5(J)…CITY COUNCIL AND STAF TO DISCUSS STREET

RESURFACING/PAVING PRIORITY.

City Manager Bill Brynes told the Council, as a reminder, there would be a contractor here to do some
other work. Councilmember Feagle asked about survey of the streets and Councilmember Everett
mentioned the need to take into consideration traffic load and determining (priority) through need.
Councilmember Everett said he would take inventory in his district and rate those streets and suggested
other Councilmembers could do the same and bring back to the Council for discussion at the second
meeting in May.

AGENDA ITEM 5(K)…CITY COUNCIL TO DISCUSS ORDINANCE PERTAINING TO

PEDDLERS SELLING GOODS IN THE CITY.

Mr. Rick Breer, program manager for Main Street Perry, Inc., representing the downtown merchants
told the Council the merchants are looking for a “level playing field”, meaning vendors should pay the
same fees as a local merchant pays over the year.

Councilmember Everett said the Council talked about coming up with a licensing fee at the last
Council meeting and suggested the Council go forward with pursuing this avenue. City Attorney
Page 8, April 23, 2002, Council Minutes-Regular Session

Bill Blue said two suggestions he has been hearing are: 1. That transient merchants coming into town
be required to have a home office within a two-county radius of Taylor County in case the person sold
defective products or whatever, the customer could go to them for satisfaction. 2. Limit the license
period to a specific period of time, possibly 72 hours.

Councilmember Feagle spoke about free enterprise and competition and said she does not think the
City should make it so that peddlers cannot get a license. Councilmember Feagle said people deserve
the opportunity if they decide to buy whatever from a man on the side of the road and take
responsibility (for their purchases).

City Attorney Bill Blue noted that each year the Council has contributed funding to an organization
(Chamber of Commerce) whose purpose is to look after the interest of merchants. Mr. Blue suggested
the Council charge the Chamber to come up with its own suggestions and present them to the Council.
Councilmember Feagle said she does not agree with this because there will be the same conversation—
business people all stick together. Councilmember Feagle said you don’t want to make the price so
high to the peddlers that they cannot afford it. Mr. Blue said the City doesn’t have a defined problem
and suggested telling the Chamber to define the problem and a solution. Councilmember Everett said
the Chamber didn’t seem to think there was a problem as they did not come before the Council—the
Council brought this issue up and the Council should “go with it.” It was the consensus of the Council
that this item be placed on the agenda for further discussion at the May 28, 2002 Council meeting.

AGENDA ITEM 5(L)…CITY COUNCIL AND STAFF TO DISCUSS MONTHLY FINANCIAL

REPORT.

Mr. Brynes presented information to the Council, which included Cash Balances (Restricted and
Unrestricted Cash) for the periods October 1, 2001 – March 31, 2002 noting the Increase or (Decrease)
in City fund accounts. Other items discussed included the “potential budget” for fiscal year ended
September 30, 2002 and “original budget” for fiscal year ended September 30, 2002.

Councilmembers commended Mr. Brynes on the report. Councilmember Everett said he would like to
review this information again at the May 28, 2020, Council meeting to give additional time for Council
members to study the report.

AGENDA ITEM (7)…CITY MANAGER.

No additional information at this time.

AGENDA ITEM (8)…DEPARTMENT HEADS.

Referring to appointment of another member to the City’s Construction Industry Licensing Board,
Director of Community Development Billy LaValle told the Council this person would have to be one
with a construction background.
Page 9, April 23, 2002, Council Minutes-Regular Session

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle commended Mr. Brynes on the presentation of the financial document
discussed earlier in the meeting.

Councilmember Scott said she has had a request that the police department station the speed monitor
equipment on Folsom Street. Councilmember Scott said she has also had a request for “Slow Children
At Play” signs in this area and at Willow Street between U.S. 19 and Swartz Street.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:12 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date