CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
March 9, 2004

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith

MEMBERS ABSENT: Doug Everett and Pam Feagle

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

It was the consensus of the Council that Councilmember Everett’s and Councilmember Feagle’s
absences be excused.

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

EMPLOYEE(S) FOR YEARS OF SERVICE.

City employee Glenda Williams was not present.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Scott made a motion to adopt the minutes of
February 19, 2004, Workshop Session; February 24, 2004, Regular Session’ and March 2, 2004,
Workshop 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 ABSENT
Mayor Frith X

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

There was no one to address the Council at the time this item was opened for discussion but Ms.
Richards arrived later in the meeting and addressed the Council. Ms. Richards requested the Council’s
help in getting debris hauled from property she owns. Ms. Richards explained there was a house on
the property that was to be torn down by the City. Ms. Richards said after some length of time and due
to the possible hazard she had someone take the house down. Ms. Richards said she was asking the
City’s help in getting the property leveled and cleared off.
Page 2, March 9, 2004, Council Minutes – Regular Session

When asked, Director of Public Works Barney Johnson said whatever the Council wants done could be
done. City Attorney Bill Blue said the City could legally haul off the debris because it had originally
elected to take the house down anyway. Mr. Blue said concerning the leveling of the property he
would research this and work with Mr. Johnson on what could be done. Ms. Richards thanked the
Council.

AGENDA ITEM 6(A)…PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING POSSIBLE

CHANGES TO THE CITY OF PERRY’S CHARTER.

Mayor Frith opened the public hearing. Mayor Frith stated the Council is mandated by the Charter to
do a charter review and the Council had met a couple of weeks ago in a workshop to discuss some
issues. Mayor Frith said notice of the public hearing was advertised and was open for public
discussion. There was no one from the public to address this issue.

Mayor Frith began discussion saying Councilmembers had discussed possibly changing some of the
verbiage in a section of the charter that might have prohibited Council from getting into what they
thought were unrestricted reserves. Mayor Frith said Councilmembers thought it might be prudent to
drop the one sentence containing the verbiage.

Mr. Brynes had provided copies of information pertaining to areas of the charter where income,
revenue and resources were mentioned. Mr. Brynes said in the workshop the main section discussed
was changes to Article V. where “income” and “revenue” are discussed. Reviewing sections where
these words occur, Mr. Brynes said in Section 5.04 in the last sentence, “The total of proposed
expenditures shall not exceed the total of estimated income” he would recommend changing the word
income to resource rather than eliminating the whole sentence. Mr. Brynes said it would be easier to
explain the changing of one word than explaining the taking out of a whole sentence.
Councilmember Scott said she had heard that when the Charter Committee had put the charter together,
this portion was written that way to try to “keep the reins on” because of a previous bankruptcy.
Councilmember Scott questioned how one word could “keep the reins” on the Council. Mr. Brynes
said it has not done it thus far—that this is something Council just has to do and be responsible.
Councilmember Scott asked Mayor Frith’s thoughts. Mayor Frith said he thought it would be prudent
to change the word income to resources. Mayor Frith noted this could release the Council from any
fear of violating the Charter.

Mayor Frith asked Mr. Blue if this change would require putting it on a referendum. Mr. Blue stated it
would require a referendum. Mr. Blue said the Council would have to formally adopt the referendum
language (language on the ballot). It was the consensus of the Council that Mr. Blue prepare language
to be placed on the referendum ballot.

In section 5.06(B) Mr. Brynes also suggested changing the word income to resources and in Section
5.09 changing the word revenues to resources. Mr. Brynes commented the more changes or attempt to
change the less chance there is of passage.
Page 3, March 9, 2004, Council Minutes –Regular Session

Mayor Frith said Councilmembers cannot “lobby” for the change but could only state the facts. Mayor
Frith also said the City could not expend money to “lobby” for the changes.

Mr. Blue asked what the Council would do if this is put on the ballot and it doesn’t pass.
Councilmember Scott said the charter would have to be left as written. Mayor Frith commented that
what is in that fund is income—not necessarily for the same year as the budget but it came about as
income. Mr. Brynes said, “Some of it.” Mr. Blue said there is a matter of debate as to whether or not
the reserves are revenue—it is without question that the reserves are resources. Mr. Brynes said his
letter (of information to the Council) notes the Charter makes a distinction between income and
revenue depending on the time of the budget.

Mr. Blue said as long as the City had a budget where income exceeds anticipated expenses you could
go back after the budget is adopted and draw upon revenues. Mr. Blue commented the Council passed
a budget where the anticipated income exceeded revenue. Councilmember Scott commented on
$16,000 Buckeye Community Federal Credit Union was to give the City (in exchange for the City
abandoning a portion of Madison Street) that could help balance the budget. When asked by
Councilmember Scott, Mr. Blue commented the Charter would not have to be changed so long as the
Council passes a budget that complies with the Charter in the first place.

Concluding discussion, it was the consensus of the Council to have Mr. Blue draft language for the
referendum and bring back to the Council at the next meeting.

AGENDA ITEM 6(B)…COUNCILMEMBER EVERETT REQUESTED ITEM OF DISCUSSION

FOR HOYT RAGANS REQUEST FOR REIMBURSEMENT FOR LIFT STATION (TABLED
FROM FEBRUARY 24, 2004, COUNCIL MEETING).

At the request of Councilmember Everett (due to his absence) and with the consensus of the Council,
Mayor Frith tabled this item to the March 23, 2004 regular Council meeting.

AGENDA ITEM 6(C)…INTRODUCTION AND FIRST READING-ORDINANCE NO. 783

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA AMENDING SECTION 10-201(b) OF
THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN
EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 783 be read by title only. 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 ABSENT
Mayor Frith X
Page 4, March 9, 2004, Council Minutes – Regular Session

City Manager Bill Brynes told the Council a security ordinance had previously been adopted by the
Council but had limited the method of getting background checks. Mr. Brynes explained this
ordinance would allow the City to use other methods to get background checks done. Mayor Frith said
the ordinance would be brought back for public hearing at the March 23, 2004 regular Council
meeting.

AGENDA ITEM 6(D)…PROCLAMATION – PROCLAIMING THE MONTH OF APRIL AS

SEXUAL VIOLENCE AWARENESS MONTH.

It was the consensus of the Council to proclaim the month of April as Sexual Violence Awareness
Month.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes told the Council he had information regarding Buckeye Community Federal Credit Union’s
(BCFCU) request that the City consider abandoning a portion of Madison Street. Mr. Brynes said he
would first like to say he had been accused of trying to block this from happening but he would not
apologize because he feels a responsibility to the Council and anyone else regarding information he
might have on the subject. Mr. Brynes said he personally doesn’t care, but this is a decision of the
Council and he feels a responsibility to provide any information. Mr. Brynes said Scott Koons, North
Central Florida Regional Planning Council, had indicated he didn’t think there would be a problem
with the City abandoning a portion of Madison Street to BCFCU, nor did the Department of
Community Affairs (DCA) initially but that DCA wasn’t 100 percent definite and would like to
research the matter further. Mr. Brynes said he had hoped to hear back from Mr. Koons by this
afternoon, but did not hear from him. Mr. Brynes said if DCA is of the opinion there would be no
problem, he would suggest the Council move along on the issue. Mr. Brynes said the abandonment
would have to be done by ordinance. Mr. Brynes said presently on the 50’ right-of-way there is city
water, gas, storm water, sewer and traffic control issues. Mr. Brynes then reviewed several
recommendations: he would recommend that the Council obtain an easement from BCFCU for each
of these items; he would also recommend that if the storm water retention area is on the 50’ right-of-
way that the City not be required to move that storm water retention area; he would also recommend
that, if in the future, there is a requirement to move any city utility, such as gas, water, sewer, storm
water, or traffic control, that it be done at the expense of BCFCU and not by the citizens of Perry.

Councilmember Scott said she applauds Mr. Brynes for the way he tries to look out for the Council and
trying to keep them on the right track. Councilmember Scott said she hopes Mr. Brynes would
continue to look out for the City’s well being. Mr. Brynes asked if the Council wished to proceed with
drafting an ordinance. Mayor Frith suggested waiting until the next Council meeting saying there
might be a change in direction regarding the issue. It was the consensus of the Council to agenda this
item of discussion for the next Council meeting.
Page 5, March 9, 2004, Council Minutes – Regular Session

AGENDA ITEM (8)…DEPARTMENT HEADS.

Director of Community Affairs Billy LaValle told the Council City Planning and Zoning Board/Board
of Construction member Ward Ketring had resigned his position on the Board. Mr. LaValle said
another individual should be appointed and suggested Councilmembers could bring back a
recommendation for appointment.

Mr. LaValle told the Council City Tree Board member JoAnn New had resigned her position on the
Board and another individual should be appointed and suggested Councilmembers could bring back a
recommendation for appointment.

Mr. LaValle informed the Council Mr. Scott Koons, North Central Florida Regional Planning Council,
would be making a presentation to the Planning and Zoning Board March 29, 2004 and he would like
to encourage the City Council to attend.

City Attorney Bill Blue asked the Council if they want him to bring back draft language pertaining to
the proposed City Charter referendum at the next Council meeting. It was the consensus of the
Council that Mr. Blue does this.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmembers tentatively set a budget workshop for Tuesday, March 16, 2004 at 5:15 p. m.

Councilmember Scott addressed issues related to the Lipman (Williams) lawsuit and addressed Taylor
County Commissioner Daryl Gunter about what he might know of the status of work on Bryant Street.
Commissioner Gunter said the County had put some road paving on hold, as there appeared to be a
conflict over what the county engineer and the paving contractor says about the project. Commissioner
Gunter said he understands some roads are to be completed by May.

Councilmember Scott said another street listed in the lawsuit was Hinley Street but noted this street is
already on the City’s list of streets to be paved. Noting other items under the lawsuit, Councilmember
Scott said there isn’t a basketball court complete with lights at Loughridge Park. Councilmember Scott
said the estimated cost at the time of the lawsuit was approximately $10,000.

Another item Councilmember Scott noted under the lawsuit was playground equipment at Loughridge
Park. Summarizing, Councilmember Scott commented the play area of the park should be equipped
with playground equipment, lights should be installed and additional picnic tables installed.
Councilmember Scott said this should then complete that portion of the lawsuit.

Councilmember Alexander asked for an update on cleanup of certain property. Mr. Johnson said the
property owner did not sign the certified letter from the City and it was returned. Mr. Johnson said the
letter was then hand-delivered. Mr. Johnson said the owner had 14 days to comply, which the 14 days
would be up the following day, after which the Chief of Police would take the matter. Chief of Police
Page 6, March 9, 2004, Council Minutes – Regular Session

Wayne Putnal said the police department could only issue the property owner a charge for littering and
he didn’t know if the state attorney would follow through with the charge.

Councilmember Scott asked for an update on storm water concerns on Warner Street. Mr. Brynes said
this item would be placed on the agenda for discussion by the city engineer at the next Council
meeting.

Councilmember Alexander asked Mr. Johnson about putting “No Parking” signs up at Jerkins Park
where the mounds had been removed. Mr. Johnson said Council had talked about putting up some
type of barrier or guardrails. Mr. Johnson said he did some research and guardrails would cost
approximately $14,000. Mr. Johnson said he would look into what else he could find.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 7:05 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date