CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
September 24, 2002

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

MEMBER ABSENT: Pam Feagle

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

Mayor Frith called the meeting to order 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

It was noted that Councilmember Feagle was out of town for a family medical concern.

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

EMPLOYEE(S) FOR YEARS OF SERVICE.

Mayor Frith noted that employee Glenda Davis had served five years with the City of Perry.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES.

After a brief review of the minutes, Councilmember Everett made a motion to adopt the minutes of
September 10, 2002, Regular Session as written; seconded by Councilmember Alexander and upon roll
call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

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

Mr. Hudson Randall, whom he said was representing Jimmy Spradley, addressed the Council regarding
concern that several cedar trees had been cut down near his building at Reddick Drive. Mr. Randall
said an inmate crew had cut the trees down, which had cut off the privacy in front of the building and
left large stumps.

Mayor Frith said he went and looked at the area and couldn’t find any evidence of what he was looking
for. Mayor Frith told Mr. Randall the City had nothing to do with the trees being cut down. Mayor
Frith spoke of a possible misconception on Mr. Randall’s part when Mr. Randall said he saw a city
vehicle at that location. Mayor Frith told Mr. Randall the County has an inmate crew and suggested
Mr. Randall contact the chairman of the Board of County Commissioners to discuss this. Mr. Randall
thanked the Council and said he would contact the county.
Page 2, September 24, 2002, Council Minutes – Regular Session

With the consensus of the Council, Mayor Frith deviated from the order of the agenda to hear Agenda
Item 6(F).

AGENDA ITEM 6(F)…DAWN TAYLOR, KEEP TAYLOR COUNTY BEAUTIFUL, TO MAKE

AND AWARD PRESENTATION.

Ms. Taylor introduced Ms. Kim Snyder to make the presentation to Ms. Jeanette Edwards and Ms.
Emily Ketring for their participation in the city park project.

AGENDA ITEM 6(A)…SECOND PUBLIC HEARING ON FISCAL YEAR 2002-03 MILLAGE

RATE FOR THE CITY OF PERRY, FLORIDA.

Mayor Frith opened the public hearing. There was no one from the public to address this item. Mayor
Frith stated the city’s millage rate for the fiscal year 2002-2003 was set at 4.73 mills.

AGENDA ITEM 6(B)…READING AND ADOPTION OF RESOLUTION NO. 2002-10; A

RESOLUTION ADOPTING OFFICIAL MILLAGE RATE FOR THE CITY OF PERRY, FLORIDA,
COVERING ITS FISCAL YEAR OPERATIONS BEGINNING OCTOBER 1, 2002 AND ENDING
SEPTEMBER 30, 2003.

Councilmember Scott made a motion to adopt Resolution No. 2002-10 setting the City’s official
millage rate at 4.73 covering its fiscal year operations beginning October 1, 2002 and ending
September 30, 2003. The motion was seconded by Councilmember Alexander and upon roll call vote
was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 6(C)…SECOND PUBLIC HEARING ON THE CITY OF PERRY, FLORIDA

BUDGET FOR FISCAL YEAR 2002-03.

Mayor Frith opened the public hearing on the City of Perry Budget for fiscal year 2002-03. There was
no one from the public to address this item.

AGENDA ITEM 6(D)…READING AND AOPTION OF RESOLUTION NO. 2002-11; ADOPTING

FISCAL BUDGET FOR THE CITY OF PERRY, FLORIDA, FOR THE PERIOD OF OCTOBER 1,
2002 THROUGH SEPTEMBER 30, 2003.

Councilmember Alexander made a motion that Resolution No. 2002-11 be read by title only. The
motion was seconded by Councilmember Everett and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X
Page 3, September 24, 2002, Council Minutes – Regular Session

The secretary read Resolution No. 2002-11 by title only. Councilmember Alexander made a motion to
adopt Resolution No. 2002-11. The motion was seconded by Councilmember Scott and upon roll call
vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 6(E)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 763

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, CREATING CHAPTER 28 OF THE

CODE OF ORDINANCES, ESTABLISHING ACCOUNTABILITY GUIDELINES FOR
RECIPIENTS OF CITY MONEY TO MAKE THEIR RECORDS AVAILABLE FOR MUNICIPAL
AND PUBLIC INSPECTION, PROVIDING FOR SEVERABILITY, REPEALING ALL
ORDINCNES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

Councilmember Everett made a motion that Ordinance No. 763 be read by title only. The motion was
seconded by Councilmember Scott and upon roll call vote was as follows:

YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

The secretary read Ordinance No. 763 by title only. Mayor Frith opened the public hearing. Local
attorney Greg Parker, representing the Chamber of Commerce, first addressed the Council. Mr. Parker
said the Chamber wants to salute the Council for what it is trying to do regarding accountability issues,
but also hopes the Council would appreciate their concern regarding the uniqueness of this ordinance
and how certain provisions would be interpreted in the court system. Mr. Parker said he would urge
the Council to reject the ordinance and continue to discuss ways to solve some problems. Mr. Parker
reviewed specific areas of concern. Mr. Parker said his view regarding concept of preemption is what
it might cost the city or an individual if the City tried to enforce the ordinance. Mr. Parker also noted
certain terminology in the ordinance. Mr. Parker said the Chamber has concerns about the board of
director’s definition in that it prevents a member of a board from being an employee of the agency. As
an example, Mr. Parker said the Chamber of Commerce director sits on the board but is a paid
employee. Mr. Parker said this could prevent the Chamber from being a recipient of city funds.

Mr. Parker said another concern is about how the ordinance goes beyond public record inspection and
the sections describing where funds can and cannot go. Another issue of the ordinance Mr. Parker
discussed was language pertaining to “greater standard of care” to the extent provided by state law and
said he would prefer to see this is all paragraphs. In closing, Mr. Parker again urged the Council to
review these issues of the ordinance and question why other cities have not seen fit to have such an
ordinance.
Page 4, September 24, 2002, Council Minutes – Regular Session

Another individual to address the Council was Mr. Dan Simmons. Mr. Simmons said he comes before
the Council as a citizen volunteer to make comments on the ordinance. Mr. Simmons said this
ordinance is much improved over the previous version but he still has some concerns, not with
accountability, but other things. Mr. Simmons referred to Section 28-5. “Records Exempt from
disclosure.” Mr. Simmons said he does not believe this would protect the confidentiality where the
parents of Boys and Girls Club children are concerned nor does it go far enough to protecting clients of
the Taylor County Senior Services. In reference to Refuge House, Mr. Simmons noted concerns of
abusive partners possibly being able to obtain information and noted there is no provision to protect
those who wish to donate anonymously.

Mr. Simmons said the ordinance should just state in simple language what the Council wants so citizen
volunteers will know and to just identify what is “greater standard of care.” Mr. Simmons said he
wouldn’t want to see this end up hurting the organizations and those who wish to help. Mr. Simmons
urged the Council to take its time to think this matter through.

Rick Breer, Main Street Perry program manager, also addressed the Council. Mr. Breer said,
personally, he doesn’t feel the ordinance is necessary. Mr. Breer said he is in favor of accountability
but feels the ordinance would have a negative impact on volunteerism.

One other person to address the Council was Aaron Portwood, public relations for Doctors’ Memorial
Hospital, said he comes before the Council as a citizen and volunteer. Mr. Portwood said he would
like to reiterate what others before him have said and feels more damaging than any financial cost
would be the adverse effect of volunteer service.

Councilmember Scott asked about the confidentiality concerns raised by Mr. Simmons regarding the
Boys and Girls Club, Senior Services and Refuge House. Mr. Blue said the Council could amend the
ordinance prior to passage or after passage to include another exemption for these purposes.

Councilmember Everett said in original conversation the intent he personally had with the ordinance
was so that the City of Perry would have the ability to examine any situation where someone was
asking for money, public or private. Councilmember Everett asked Mr. Blue if about 2/3 of the
concerns would be cleared up if the language “private cause of action” were taken out of the
ordinance. Mr. Blue said it would if “private cause of action” were taken out so only the City has
“private cause of action.”

Councilmember Everett said this was his envision when the ordinance process started.
Councilmember Everett said he hears and respects all the input that has been given. Councilmember
Everett said asked if the City took the route to go back to the basic ordinance to have accountability
would it still do what the Council wants it to do. Mr. Blue said legally the City could do the way it
wants for accountability and to the degree of accountability it wants. Councilmember Everett
questioned, hypothetically, if the Council wants the City to have “cause of action” is the City within its
Page 5, September 24, 2002, Council Minutes – Regular Session

legal right to do so and would the ordinance “have enough teeth” to that. City Manager Bill Brynes
said the City has this now with certain private businesses by way of contracts. Mayor Frith said there
had been some discussion before that maybe the City should have contracts with these organizations
that they should use the city funds for certain purposes.

Councilmember Everett asked how the issue of employees serving on the board of directors of
organizations could be cleared up. Mr. Blue said the language could be removed altogether.
Councilmember Everett asked the ramifications if this was done. Mr. Blue said there wouldn’t be any
impact on the Council getting the information it wants. Councilmember Everett said the name “City of
Perry” would have to be inserted as being the entity able to get the records. Regarding Section 28.10.
“Private Cause of Action” Mr. Blue said wording could be improved such to say that if any person
refuses access to the City of Perry the City has the right to bring cause of action. When asked by
Mayor Frith if it was the consensus of the Council that the changes suggested above be made to the
ordinance, the Council was in agreement.

Mr. Blue told the Council that pursuant to the city charter it would require that the ordinance, with
these changes, be publicized and come back before the Council for two public hearings. It was the
consensus this be done.

AGENDA ITEM 6(F)…DAWN TAYLOR, KEEP TAYLOR COUNTY BEAUTIFUL, TO MAKE

AND AWARD PRESENTATION.

This item presented earlier.

AGENDA ITEM 6(G)…SUPERINTENDENT OF SCHOOLS, OSCAR OWARD, JR., TO ADDRESS

THE COUNCIL TO DISCUSS ADDITIONAL PARKING SPACES NEEDED AT THE TAYLOR
COUNTY HIGH SCHOOL AND SIDEWALK INSTALLATION ALONG GREEN STREET AND
PINECREST.

Mr. Howard thanked the Council for the help it provides to the Taylor County school system. Mr.
Howard then discussed the need to install sidewalks in the area of the new school and tie into the city’s
sidewalks. Mr. Howard noted that Green Street and Pinecrest are county streets and the sidewalks
would need to tie into the City’s sidewalks.
Page 6, September 24, 2002, Council Minutes – Regular Session

The next issue Mr. Howard discussed was the need for additional parking spaces for the high school,
especially during special events such as Prom and Graduation. Mr. Howard explained that the area
across from the school near the ball fields could provide some additional parking. It was noted there
are currently “no parking” signs in this area. Mr. Howard noted the need for safety but requested the
school be allowed to use the area for parking during the above-mentioned special events and when
additional parking spaces are needed.

Chief of Police Wayne Putnal said the reason the “no parking” signs were placed in the area was for
the safety of the children and noted that Florida Statues says there should be no backing out on any
street. Mr. Howard said they could accommodate this by requiring angle parking. Mayor Frith said he
would like to go further than the request and maybe have extra personnel assigned during those times.
Mr. Howard commended the city’s police department saying they always do a good job with the
events.

Councilmember Alexander made a motion to allow angle parking in the area across from the high
school as discussed above only during the times of special school events with additional city police
officers assigned, if necessary. The motion was seconded by Councilmember Scott and upon roll call
vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Mayor Frith then asked Mr. Howard if he had any information regarding whether or not the school
board would be allowed to give the old Gladys Morse Elementary School directly to Taylor County
Senior Services. Mr. Howard said he doesn’t think the school could give the property to anyone other
than another public agency. City Attorney Bill Blue said since the school board’s attorney would
probably have more experience with the law on this particular issue she is researching it.

Mayor Frith said, as part of this issue, he is aware that Senior Services wants to apply for grant monies
and if the City were to decide to take the property and let them use it, they could be working on the
grant. Mayor Frith asked the Council’s thoughts on this. Councilmember Scott asked Mr. Blue if the
school board were to give the property to the City, if the City could turn around and give the property
to Senior Services. Mr. Blue said he believes this could be done. Councilmember Scott asked Mr.
Howard if he had a problem with this. Mr. Howard said he did not have a problem with this and he
would like to see the building used.

Mayor Frith asked if the City could, in its conveyance to Senior Services, stipulate and have the
grantee sign that they would hold the City harmless from any liability. Mr. Blue said this could be
worked out disclosing, “…everything we believe is a problem….” Mr. Howard said this issue would
be on the school board agenda for next Tuesday. Mr. Howard asked if it was his understanding that if
Page 7, September 24, 2002, Council Minutes – Regular Session

Taylor County Senior Services could not take possession of the property then the City would take
possession of it. Councilmembers agreed this was the consensus. Mr. Blue asked Mr. Howard if the
school board’s attorney could provide him with information of the findings on this issue. Mr. Howard
said he would relay this to the school board’s attorney.

AGENDA ITEM 6(H)…INTRODUCTION AND FIRST READING – ORDINANCE NO. 764

AN ORDINANCE OF THE CIYT OF PERYR, FLORIDA, AMENDING ORDINANCE NO. 601, AS

AMENDED, BY AMENDING HE OFFICIAL ZONING ATLAS OF THE CIYT 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 SINGLE
FAMILY/MOBILE HOME-TWO (RSF/MH-2), AS STATED HEREIN OF CERTAIN LAND
WITHIN THE CITY OF PERRY; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

Councilmember Everett made a motion that Ordinance No. 764 be read by title only. The motion was
seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

The secretary read Ordinance No. 764 by title only. Mayor Frith noted this property is located in
Spring Lake Heights. Mayor Frith said, although the Planning and Zoning Board recommended
approval, the vote was not unanimous. Director of Community Development Billy LaValle said this
was correct. Councilmember Everett asked if this would change any of the land borders. Mr. LaValle
said it would not and that all surrounding landowners had been notified of the request for change in
zoning. Mayor Frith noted that the request for a change in zoning came from one landowner who
wished to place a mobile home on the property.

Councilmember Everett asked if there had been any objections from the public. Mr. LaValle said there
had been none. Mayor Frith said Ordinance No. 764 would be brought back for public hearing and
final reading at the October 8, 2002 Council meeting.

On the following items, City Manager Bill Brynes said Agenda Items 6 I, J, K, and L were standard
resolutions adopted each year.

AGENDA ITEM 6(I)…RESOLUTION NO. 2002-13; A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PERRY, FLORIDA; ASSUMING LIABILITY FOR ROAD CLOSING FOR THE
FLORIDA FOREST FESTIVAL BED RACE ON OCTOBER 25, 2002.

AGENDA ITEM 6(J)…RESOLUTION NO. 2002-14; A RESOLUTION OF THE CITY COUNCI OF

THE CITY OF PERRY, FLORIDA, ASSUMING LIABILITY FOR ROAD CLOSING FOR THE
FLORID FOREST FESTIVAL KING TREE PARADE ON OCTYOVER 26, 2002.

AGENDA ITEM 6(K)...RESOLUTION NO. 2002-15; A RESOLUTION OF THE CITY OF PERRY

RECOGNIZING CITY GOVERNMENT WEEK OCTOBER 20-26, 2002, AND ENCOURAGING
ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES.
Page 8, September 24, 2002, Council Minutes – Regular Session

AGENDA ITEM 6(L)…RESOLUTION NO. 2002-16; A RESOLUTION OF THE CITY OF PERRY,

FLORIDA ASSUMING LIABILITY FOR ROAD CLOSING FOR THE FLORIDA FESTIVAL 5K
RUN, KID’S PARADE AND CHILDREN’S FAIR ON OCTOBER 19, 2002.

Councilmember Scott made a motion to approve Resolution No. 2002-13, Resolution No. 2002-14,
Resolution No. 2002-15 and Resolution No. 2002-16. The motion was seconded by Councilmember
Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 6(M)…CITY COUNCIL TO CONSIDER APPROVAL OF 911 AGREEMENT

BETWEEN THE TAYLOR COUNTY SHERIFF’S DEPARTMENT AND THE CITY OF PERRY.

After a brief discussion, Councilmember Everett made a motion to approve the 911 Agreement
between the Taylor County Sheriff’s Department and the City of Perry. The motion was seconded by
Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 6(N)…CITY COUNCIL TO APPOINT/REAPPOINT MEMBERS TO THE CITY’S

PLANNING AND ZONING BOARD/BOARD OF ADJUSTMENT.

Billy LaValle, Director of Community Development, told the Council that Planning and Zoning/Board
of Adjustment members Ward Ketring’s and Nancy Geohagen’s term on the Board would expire soon.
Councilmember Everett made a motion to reappoint Ward Ketring and Nancy Geohagen to the Board.
The motion was seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 6(O)…CITY COUNCIL AND STAFF TO REVIEW MONTHLY FINANCIAL

REPORT.

There was no discussion at this time.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes reviewed information pertaining to turning lanes at the new hospital site. Mr. Brynes
provided an update to discussions regarding the City applying for a Community Development Block
Page 9, September 24, 2002, Council Minutes – Regular Session

Grant for the county to provide turning lanes at the site. Mr. Brynes said he met with the county, Scott
Koons of the North Central Florida Regional Planning Council, and Department of Transportation
(DOT) at the site this day. Mr. Brynes said DOT felt that, as the project was designed, safe and
adequate turning lanes and ingress and egress were included; but, in a letter dated June, DOT had said
they would consider the request. Mr. Brynes said they would consider a deceleration lane going south
towards the hospital and an access lane coming out of the hospital going north. Mr. Brynes further
explained that the County wants a south and a north lane on both sides of the road. Mr. Brynes said he
would suggest the City not get involved with DOT concerning this issue. Mr. Brynes said he would
inform the County if they want to pursue the issue with DOT, they should do it themselves.
Councilmembers agreed.

On another issue, Mr. Brynes said he does not have all the information for discussion of possible
acquisition of certain railroad property but would provide this when he receives it.

AGENDA ITEM (8)…DEPARTMENT HEADS.

There was no discussion at this time.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Alexander told Director of Public Works Barney Johnson the Temple of God Church
needs a garbage can. Mr. Johnson said at least three cans have been placed at the church. Mr. Johnson
said there has been a problem with people taking garbage cans.

Councilmember Alexander asked the progress on getting the Jerkins Park sign changed to the new park
name. Mr. Johnson said nothing has been done just yet.

Councilmember Scott informed Mr. Johnson of large holes in Willow Street and Swartz Street.

Councilmember Everett said a citizen who has concerns about how the County’s proposed sports
complex and its activities would affect the City’s recreation department contacted him.
Councilmember Everett said he does not have any information to bring to the Council at this time.
Councilmember Everett said there had been talk of a swimming pool at the complex but this is now out
so there would be no effect on the city pool. Councilmember Everett said he is not a proponent of
duplicating services and encouraged the Council to be thinking of these issues and what needs to be
done. Councilmember Everett said the Council should think about the city’s recreation department as a
whole, the number of employees and determine, as a body, whether to hand the city’s recreation
completely and wholly over to the county.
Page 10, September 24, 2002, 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 7:50 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date