CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
May 28, 2002

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

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

Councilmember Scott was not present at the time of the roll call but arrived shortly afterward at 6:05
p. m.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

Referring to Agenda Item 5(C) City Council to discuss request from Tidewater Revitalization, Ltd., for
Fee Waiver, Councilmember Everett questioned the possible omission of a question he had asked of
Mr. Jason Larson, Creative Choice, as to whether the Tidewater property had been purchased.
Councilmember Everett said he thought he had asked this question and Mr. Larson told him the
property had been purchased. Mayor Frith commented he did not recall this but felt the concern had
been covered in the minutes in that the motion was made contingent upon Creative Choice receiving
their financing. Councilmember Alexander agreed. Councilmember Everett commented he had
received a call from the property owner’s attorney two days after the meeting saying there was no
contract to buy the property. Councilmember Everett said he was told Creative Choice had defaulted
on the contract to buy the property and as far as the current property owners are concerned, there is no
agreement. After discussion, Councilmember Scott made a motion to adopt the minutes of
May 14, 2002, Regular Session as written; seconded by Councilmember Everett and upon roll call vote
was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

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

Mr. Walter Bishop addressed the Council to request its consideration of changing the name of Jerkins
Park to Gerald Walker Park in honor of Mr. Walker and to show appreciation for his dedication to the
community and its children. Mr. Bishop said this would at no expense to the City. Mr. Bishop said he
comes before the Council on behalf of the recreation department, Boys and Girls Club, Little League
and others to make this request. Councilmembers agreed they did not see a problem with doing this.
Page 2, May 28, 2002, Council Minutes – Regular Session

City Manager Bill Brynes suggested the proposed name change could be noticed and discussed at the
June 11, 2002, Council meeting for public input. Councilmember Everett agreed this was a good
recommendation. It was the consensus of the Council this issue be discussed again at the next
meeting.

Another individual to address the Council was Mr. Mike Whittingham. Mr. Whittingham told the
Council he feels he is being harassed by the police explaining that the Chief of Police had taken down
property, some of which is missing, which he (and his wife) believe to be located on their property.
Mr. Whittingham said this makes about three times personal equipment has been removed from what
he believes to be his property. Mr. Whittingham said Mayor Frith received a letter from his attorney
regarding the matter of the property dispute; and, as he and his wife did not receive a reply, they
continued to use the property assuming full ownership and put up a fence. Mr. Whittingham said today
the fence was removed along with some No Trespassing signs.

Mayor Frith said he did not recall receiving such a letter. City Manager Bill Brynes said he had
intended to try to come to some resolution about this last week, but was unable to do so. Mr. Brynes
said he thinks this can be done in the next two weeks, stating the issue needs to be resolved. Mr.
Whittingham told the Council if they think this is the City’s property, they should define it. Mr.
Whittingham said this is all he and his wife have asked for. Mr. Whittingham commented on a letter to
the Council from the City Attorney advising it would not be in the best interest to investigate the matter
and that he felt he should not represent the City due to conflict of interest. Mr. Whittingham said he
understands the attorney’s position and respects this. Mayor Frith agreed there needs to be a resolution
to the matter. Mr. Whittingham said if there are paper events he and his wife would accept this and
they have said they would do from day one. Councilmember Everett said, given the nature of the
situation, it is an unresolved piece of property. Councilmember Everett said Mr. Whittingham defines
it as his and the City has not resolved the findings are correct. Councilmember Everett said he agrees
it is the City’s obligation to resolve the issue.

There was discussion about both property owners (Mike Whittingham and Sam Folsom) having their
properties surveyed. Mr. Whittingham commented this was done and showed both boundary lines are
in the same place. Councilmember Everett asked Mr. Whittingham what it would take to keep the
Chief of Police from removing items from the property. Mr. Whittingham said Mr. Folsom should not
cross that property line. Councilmember Everett said this would be resolved in the next couple of
weeks and asked Mr. Whittingham if he would leave the fence down and restrain himself if Mr. Folsom
should drive across the property. Councilmember Everett told Mr. Whittingham the Chief of Police
has a responsibility to not just him but to Mr. Folsom also. Councilmembers asked that Mr.
Whittingham and Mr. Folsom return in two weeks for resolution of the property dispute.

Mr. Folsom addressed the Council and said the survey shows an improved right-of-way of 60 feet.
After discussion the meeting continued with general business.
Page 3, May 28, 2002, Council Minutes – Regular Session

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

INC. TO DISCUSS WASTEWATER COLLECTION ALTERNATIVES FOR THE FACILITIES
PLAN.

Mayor Frith stated that Mr. Murphy was unable to attend the meeting due to recent surgery but would
plan to address the Council at the next meeting. The meeting continued with the next business item.

AGENDA ITEM 5(B)…CITY COUNCIL TO DISCUSS FIREFIGHTERS’ RETIREMENT

OPTIONS.

City Manager Bill Brynes said it had been discussed many times before to increase retirement benefits
for the police officers and firefighters from two and a half percent to three percent. Mr. Brynes
explained that the police department had sufficient funds in its retirement plan to absorb the increase
with no additional cost from the City, but the fire department does not. It was requested that the fire
department obtain an actuarial study from Foster & Foster, Inc. to determine what the cost would be to
go from two and a half percent (as is now) to three percent. Mr. Brynes then reviewed the results of
the study: 3.0 percent BR, No Cost Of Living Allowance – Increase would be $28, 730 per year; 2.5
percent BR, 3 percent COLA – Increase would be $33,025 per year; and, 3.0 percent BR, 3 percent
COLA – Increase would be $75,155 per year.

Referring to the 3.0 percent BR-No COLA at $28,730 per year, Mayor Frith asked if this increase
would come exclusively from the City. Mr. Brynes answered yes. Mayor Frith asked if this takes into
consideration any growth in the fund. Mr. Brynes said if there was a substantial increase there would
be growth.???

Councilmember Scott asked if the Council decides to approve the increase to three percent, would this
become effective with the new budget year. Mr. Brynes answered yes. Councilmember Scott then
asked if this would be in addition to any increase in salary. Mr. Brynes said it would be with any
increase of any kind. Councilmember Scott asked Mr. Brynes if he sees this increase to three percent
doable. Mr. Brynes said he thinks it needs to be looked at in a different way and noted it as an
incentive for recruitment and retention of firefighters. Councilmember Everett said it would be his
recommendation to go ahead with the three percent at $28,730 and get into the next budget year to see
where revenues fall and if the need is there to compete for firefighters the City could then institute the
three percent COLA at a later date. Mr. Brynes informed the Council this item could be brought back
at the next meeting, as the increase from two and a half percent to three percent is required to be done
by ordinance. This item to be brought back at the next meeting.

Fire Chief Rodney Lytle told the Council the fire department would also be trying to add the Deferred
Retirement Option Program (DROP) to the firefighters’ retirement plan in the future.
Page 4, May 28, 2002, Council Minutes – Regular Session

AGENDA ITEM 5(C)…CITY COUNCIL TO DISCUSS STREET PRIORITY RESURFACING

PROJECT.

Mr. Brynes reviewed minutes of June 10, 1997 pertaining to prioritizing of streets for resurfacing. Mr.
Brynes said this would give some idea of what needs to be done, although some of these streets have
since been paved. Mr. Brynes said these streets were listed as those where sewer is already available
and ready for paving and those streets where there is currently no sewer. Director of Public Works
Barney Johnson noted some of those street names have been changed and the entire list needs to be
updated. Councilmember Everett said this should be done contingent upon where there is already
sewer and where there is currently no sewer. Councilmember Everett said there should be a very
defined area and a projected time line. This item to be brought back before the Council at a later date.

AGENDA ITEM 5(D)…RESOLUTION NO. 2002-09; RESOLUTION AUTHORIZING THE

EXECUTION OF A TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF PERRY, FLORIDA.

Director of Public Works Barney Johnson told the Council the state would pay half the maintenance
costs now and in the future increase this to 75 percent, then 90 percent. Mr. Johnson said he learned
this from attending a meeting at the Department of Transportation (DOT) and also that DOT talked
about paying for streetlights that are on state highways. Mr. Johnson noted DOT has never paid for
traffic signal maintenance before.

Councilmember Scott made a motion to adopt Resolution No. 2002-09; 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 X
Mayor Frith X

AGENDA ITEM 5(E)…PROCLAMATION – NATIONAL SMALL CITIES DAY ON JUNE 14, 2002.

Mr. Brynes said the City was requested to adopt the proclamation. Councilmember Feagle made a
motion to adopt the proclamation for National Small Cities Day on June 14, 2002. 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 X
Mayor Frith X
Page 5, May 28, 2002, Council Minutes – Regular Session

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

REPORT.

City Manager Bill Brynes told the Council the City would begin in the near future (2004-05)
completing its annual audit under the new standards of Governmental Auditing Standards Board
(GASB) regulations, whereby all city governments are going to have to report financial management.

Mr. Brynes explained that anytime there is a budget adjustment, it would show up in its own column
and would have to be explained in the financial statement as to why it was made. Councilmember
Everett commented the report is a good document for the City and does a lot (for the City Council’s
better understanding of the financial report). Councilmember Everett asked if it would be a good plan
to include a column to compare a current month with the same month last fiscal year. Mr. Brynes said
this could be done.

Mr. Brynes referred the Council to page six of the report, which was the Solid Waste Fund. Mr. Brynes
noted that $30,000 had been budgeted for vehicle maintenance. Mr. Brynes told the Council two trash
trucks are in need of repair, with one needing an engine replacement at about $10,000 to $13,000. Mr.
Brynes said a cab and chassis would cost about $53,000. Director of Public Works Barney Johnson
told the Council the other truck needs a water pump and radiator. It was the consensus of the Council
that the vehicles be repaired as discussed. ??????

AGENDA ITEM (6)…CITY MANAGER.

Mr. Brynes asked the Council’s permission to dispose of a number of old and outdated communication
radios. Mr. Brynes said these radios have since been replaced and the old ones need to be disposed of.
Mr. Brynes said he doesn’t think the City should try to sell the radios as they have channels that would
have to be taken out at a cost of about $30.00 each. Mr. Brynes said probably the only one local who
could do this would be Ward Ketring of Ketring Electronics. Councilmember Everett mentioned the
possibility of donating the radios to the Taylor Technical Institute. Chief of Police Wayne Putnal
suggested this would not be a good idea as there are frequencies on the radios that do not need to be
known. Mr. Brynes said he doesn’t know if Ketring Electronics would even want the radios and if they
do not, the radios should be destroyed. It was the consensus of the Council that the radios be destroyed
if Ketring Electronics does not want them.

AGENDA ITEM (7)…DEPARTMENT HEADS.

Fire Chief Rodney Lytle thanked the Council for their vote to increase the firefighters pension
percentage from two and a half percent to three percent and to tell them how serious this issue is to the
City’s firefighters. Chief Lytle encouraged the Council to look down the road to include a three
percent COLA increase to bring the department close to equal to what other entities provide for their
firefighters.
Page 6, May 28, 2002 Council Minutes – Regular Session

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Councilmember Feagle asked if the two traffic signals on Washington Street could be made to just
blinking lights after hours. Director of Public Works Barney Johnson said he did not know if this
could be done, as new controllers were installed several years ago. Mr. Johnson said he would check
on whether this could be done.

Councilmember Feagle told Mr. Brynes she would like to have a copy of the Recreation rules and
regulations before the next Council meeting. Mr. Brynes said he had copies and would provide these
to the Council. Councilmember Feagle said maybe the Council could discuss these and see if any
changes or updates might be needed.

Councilmember Feagle asked if the Dorsett Stadium was the City’s responsibility for upkeep.
Councilmember Feagle said she would like to see the area spruced up before the fall. Councilmember
Feagle said the handrails need painting, pressure washing needs to be done and the fence looks bad in
some areas. Councilmember Alexander agreed.

Councilmember Feagle asked about repair of sidewalks, saying there are a lot of sidewalks with cracks
and grass growing up between the cracks. Mr. Brynes said the sidewalks could be taken up and
replaced. Mr. Brynes told the Council the sidewalks near Beggs Funeral Home would have to be
replaced when doing the storm water project. Councilmember Feagle specifically noted the area of
Clark Street from Green Street to Pinecrest. Mr. Johnson told the Council he had received a request
from the First Baptist Church that the City construct a new sidewalk in front of the church. Mr. Brynes
noted funding for construction of sidewalks would come from the City’s gas tax fund.

Councilmember Feagle commented on the bad condition of street signs at the corner of Hendry and
Drew Streets, Arena and Drew and at Mimosa and Clark Streets. Councilmember Scott also
commented about street signs in her district.

Councilmember Alexander asked about the progress of replacing/repairing the fencing at Jerkins Park.
Mr. Brynes said the City has received the cost of repairs and would begin repair soon.

Councilmember Scott asked Chief of Police Wayne Putnal to check on an abandoned red car located
behind the church on Malloy Street. Councilmember Scott said she was told the car had been there
about a week or so and these persons were concerned about it. Mayor Frith said the City has an
ordinance regarding abandoned vehicles. Local resident Martha Vigeant spoke about a number of old
cars in the yard of a residence on Center Street near the hospital and several doctors’ offices. Mrs.
Vigeant said it is unsightly and leaves a bad impression for the community.

Councilmember Everett asked about the progress of the City Pool and getting the filters on line and the
pumps on. Mr. Brynes said he thinks the pool should be ready for opening and the pumps are going.
Page 7, may 28, 2002, Council Minutes - Regular Session

Councilmember Everett told the Council a local civic organization has raised some money and wants
to donate it to the City for the specific purpose of adding some small-age-group playground equipment
to the specific location of the City Park. Councilmember Everett said they have chosen the equipment
and want to go ahead and donate the money to the City and have the City buy and install the
equipment. Councilmember Everett said the playground equipment would be the City’s property.

Mr. Brynes said this is something that is done all the time and the organization just needs to send a
letter setting out the restrictions on everything. Councilmember Feagle suggested checking to see if
there would be any other costs associated with this, such as the addition of any fall surface material.
Councilmember Everett said the (equipment price) quote only pertains to the equipment.
Councilmember Everett said he doesn’t think the equipment would require any fall surface material, as
it is all ground level equipment.

Councilmember Feagle asked what the policy is in regard to when the Council calls a special meeting
to discuss a specific item and someone from the public comes in to address another issue. Mr. Brynes
commented that the Council sets its own rules regarding this but you wouldn’t want to get into a
special meeting talking about a specific item and someone comes in and wants you to vote on an issue
that is not on the agenda. City Attorney Bill Blue said at a special meeting the Council can take action
only on items that have been noticed (agenda, news media, etc.).

One a last item, Mr. Brynes told the Council there are about two blocks on Richmond that need to be
resurfaced and there is a family that lives there who has a child that requires a lot of care. Mr. Brynes
said the family has requested stop signs to slow the traffic in this area. Mr. Brynes said doing this
would not be any inconvenience to anyone. It was the consensus of the Council that the stop signs be
placed as requested.

AGENDA ITEM (9))…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 7:15 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date