CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
January 23, 2001

MEMBERS PRESENT: Tom Moore, Shirley Scott, Bill Alexander, Richard Frith, Don Cook

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, George Stamos, Bill
Blue, Annette Anderson

Mayor Frith called the meeting to order. Councilmember Scott 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 Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

Mayor Frith said he had already pointed out a typographical error to the secretary. After a brief review
of the minutes, Councilmember Scott made a motion to adopt the minutes of January 9, 2001; Regular
Session as written; seconded by Councilmember Moore and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

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

Mr. Buddy Humphries, Taylor County Development Authority, addressed the Council to give an
update on his contact with the Taylor Correctional Institute (TCI) regarding its buying practices and
procedures. Mayor Frith commented that the issue came up several months ago and he was asked if he
knew that TCI was not buying locally. Mayor Frith said he was not aware of this and has learned that
local merchants want to be able to sell to TCI. Mayor Frith said, apparently, TCI has to go through the
Lake City office for purchases. Mayor Frith said it is his understanding when TCI came to Taylor
County they said they would be first for Taylor County and would use and buy locally. It was
mentioned that when this concern was first mentioned, TCI officials made it sound like a spokesman
would come and speak with the Council about this matter, but none has come. Mayor Frith said in
talking with Mr. Humphries a couple of days ago, he thought it might be that if the Council sent a letter
to TCI under the Mayor’s signature and asked them to come and explain their policy to the Council
they might do so. Mayor Frith questioned whether or not the Council should pursue this at all.
Councilmember Moore said based on what has been said, he would suggest and concur that a letter be
sent to TCI. Councilmember Alexander asked city attorney Bill Blue’s thoughts on this. Mr. Blue
said, from a legal standpoint, he see nothing wrong in writing the letter.
Page 2, January 23, 2001, Regular Session

Mayor Frith asked Public Works Department Barney Johnson the status of TCI inmate work crews
being available to the City. Mr. Johnson said when the program started, the city had eight to ten
inmates everyday but now the city is lucky to get three to four a day. Mr. Johnson said the reason given
is that there has been a cutback of TCI staff and a reclassification of the inmates. Mr. Blue explained
that inmates were reclassified in a more stringent manner than the guidelines required to make sure
more violent inmates were not put on the work crews. When asked about the County’s status of inmate
labor crews, County Manager Jack Brown said the County still gets two inmate crews and they are of a
higher class of inmates. Mr. Brown said TCI continues to work with the county and suggested the City
might want to speak with TCI about this issue.

Councilmember Cook said he sees this discussion as two separate issues--TCI’s commitment to the
City to support the city with inmate labor and TCI’s procurement procedures. Councilmember Cook
said TCI’s buying policy and procedures is not what the City is about. Councilmember Cook said he
does not see the Council as the venue for TCI to present their procurement guidelines to the people of
the city. Councilmember Cook said he feels Mr. Humphries should contact the TCI official and talk
with him about the matter. Mr. Humphries said the reason he came before the Council is that someone
had asked the Mayor about TCI’s buying policy and he is just requesting a letter of support from the
Council to TCI requesting they meet with the Taylor County Development Authority, the Chambers
and local vendors to discuss the issue. Councilmember Cook said he would support such a letter to
TCI.

Mr. Humphries told the Council the information for the Tuesday, January 30, 2001, Council workshop
to discuss economic development matters would be put in Friday’s Council mail.

The next individual to address the Council was Ms. Cindy Dunkle, P. E., and Assistant Maintenance
Engineer with the Florida Department of Transportation. Ms. Dunkle said she had talked with Director
of Community Development George Stamos about the City’s support and participation to incorporate
into the City’s permitting package a way DOT could insure notification to property owners of their
responsibility under the 1988 State Highway System Access Management Act. Ms. Dunkle said this
would apply to new construction or property improvements with access to state highway systems. Ms.
Dunkle said DOT would provide a form identifying these responsibilities that could be given to a
property owner prior to receiving permitting approval from the city. Ms. Dunkle said DOT has a
mutual aid agreement with several local governments in the district to ensure compliance with DOT
standards by the permittee before the local government gives final permitting approval. Ms. Dunkle
said this has proven to be beneficial to all parties.

Following a brief discussion, city attorney Bill Blue noted to the Council that DOT is not requiring the
City to do this. Mr. Blue said DOT is just asking that the City participate in this manner. After further
discussion, it was the consensus of the Council to allow Mr. Stamos to work with DOT in notifying
applicants for new construction or property improvements with access to state highway systems of
Page 3, January 23, 2001, Regular Session

their responsibility under the 1988 State Highway System Access Management Act. It was agreed this
would be done verbally as well as putting a form provided by DOT into permit application packages.

AGENDA ITEM 5(A)…THE CITY COUNCIL TO CONSIDER A MORATORIUM ON WIRELESS

City Manager Bill Brynes told the Council what brought this item up is that there is a request through
the City’s Planning and Zoning Board (P&Z) at the next Board meeting for a special exception for two
more locations for towers in the city. Mr. Brynes said there has been discussion in the past about the
number of wireless communication towers in the city. Mr. Brynes said the County has also discussed
this issue and has a draft ordinance pertaining to these towers. Councilmember Moore asked about the
proposed location on Old Dixie Highway and Plantation Road. Director of Community Development
George Stamos said the application has been approved but construction has not yet begun.
Councilmember Scott asked how the Council is going to consider construction of the towers. Mayor
Frith questioned whether the Council wants to give itself time to look at this issue and see if the
Council wants to set some sort of rules and regulations as to height, weight, location, etc. of these
towers. Mayor Frith said the Council could also better educate itself by drawing on the knowledge of
all persons involved i. e. George Stamos, Ward Ketring and others. Mayor Frith suggested there could
be a meeting to discuss these issues.

Mayor Frith invited Mr. Ward Ketring, Ketring’s Electronics, to address the Council. Mr. Ketring,
whose special exception application goes before the P&Z Board, said he understands the Council’s
concerns, as there are a lot of factors to consider when putting in these towers. Councilmember Moore
had questions as to the specifications of the tower proposed to be located on Old Dixie
Highway/Plantation Road. Councilmember Cook asked Mr. Ketring what effect it would have on him
if he could not proceed for 60 days while the Council takes time to review and educate themselves on
the issue of wireless communication towers in the city. Mr. Ketring said he would like to proceed with
the process of the Plantation Road/Old Dixie Highway location. Mr. Ketring said the process of
construction could take up to three to four months so he does not mind waiting the 60 days. Mayor
Frith asked what the City already had in place regarding regulations on these towers. Mr. Ketring said
under Section 4 of the City’s Land Development Regulations, radio and TV broadcasting towers have
to be located in a commercial district. Mr. Ketring said, at this time, cellular towers could be in any
district. Mayor Frith asked Councilmember Moore how he feels about the tower already in process.
Councilmember Moore said the location is of no importance, but he feels if there is to be a
moratorium, Council should look at imposing a total moratorium. Mayor Frith explained that 60 days
is the maximum amount of time for the moratorium, but Council could end the moratorium at some
date prior to the 60 days or extend the moratorium. Councilmember Moore suggested moving quickly
on this issue. Councilmember Scott agreed and asked Mr. Blue if he could have a draft ordinance
prepared by the Tuesday, January 30, 2001, special meeting if the Council so directs him to draft the
ordinance. Mr. Blue said he has already looked at this and could have a draft ordinance prepared by
that time. Councilmember Scott explained that the reason she was asking is that she agrees with
Page 4, January 23, 2001, Regular Session

Councilmember Moore that all towers should come under the same guidelines. Councilmember Scott
said she would hate for Mr. Ketring to proceed with construction of his tower and it not fall under the
guidelines the Council establishes.

Mayor Frith asked if the Council wished to enact the moratorium. Councilmember Alexander made a
motion that the Council enacts the moratorium, not to exceed 60 days. The motion was seconded by
Councilmember Moore. Attorney Bill Blue halted the roll call vote to advise that an emergency
ordinance has to be adopted enacting the moratorium. Mr. Blue then provided the Council, City
Manager and others in attendance copies of an emergency ordinance he had prepared for consideration.
After a review of the proposed ordinance, Mr. Ketring asked if the moratorium would pertain to all
towers or just cellular communication towers. Councilmember Cook asked for clarification of the
ordinance also, asking if the moratorium applied to satellite dishes as well. Mr. Blue said this is how
the ordinance reads. Director of Community Development George Stamos suggested that the word
“commercial” be placed in front of communication towers in Section 1 and 2 of the ordinance. Mr.
Blue accepted this recommendation and told the Council this would be more specific as to the issue.
Councilmember Cook said he was comfortable with this change, as did other Council members.
Councilmember Alexander amended his motion to adopt the emergency ordinance providing a
temporary moratorium, not to exceed 60 days, on the establishment, erection and permitting of
commercial communication towers within the City of Perry, Florida. After noting the second by
Councilmember Moore, the roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM 5(B)…CITY ATTORNEY TO DISCUSS POSSIBLE LIABILITY CONCERNS

Mr. Blue told the Council he had reviewed all the case law he could find on this issue. Mr. Blue said
he had not found a case where a municipality has been found liable for installation of speed humps or
speed bumps. Mr. Blue said his reading of the cases and conversations with other attorneys lead him to
believe that if (City) going to do anything with respect to installing traffic control devices, speed
humps would be preferable. Mr. Blue said problems associated with speed humps are they also deter
speed for all vehicles, including emergency vehicles. Mr. Blue said the City could be sued for
installing the devices or it could be sued for not installing the devices. Mr. Blue said a decision should
be made on the basis of which will provide the greater good. Other questions to ask: Is it cost
effective? Will placing an officer in the area have a real impact and be cost effective? Councilmember
Scott asked Director of Public Works Barney Johnson if the Council decides to install such devices,
would the City be able to do it? Mr. Johnson said the City could not as it does not have the equipment
to do this work.
Page 5, January 23, 2001, Regular Session

Councilmember Cook said his sense of the greater good is to install speed humps if they are effective;
but if not, then do what is necessary—and this may be installing the bumps. Mr. Blue said if one or the
other device were used, the City would need to put up signs or reflectors to draw attention to it.
Councilmember Scott asked if the Council decides that one or the other device should be installed, will
the stop signs remain and the humps or bumps be placed in between? Mr. Johnson said that would be
the Council’s decision. Mr. Blue said another consideration to keep in mind is that the road (Warner) is
very long. Mr. Blue said if a hump or bump is placed in the middle of the road, people would most
likely speed to that point, slow down, and speed up again. Mr. Blue said information from the engineer
is that the humps/bumps should be placed at least 300 feet from the stop signs—if multiple
humps/bumps are used, they should be 400 feet apart.

Mayor Frith asked Mr. Johnson to check the cost (at 300 feet) to have the devices installed and report
back to the Council at the next meeting. Councilmember Alexander requested Mr. Johnson also check
the cost to install humps/bumps on Warner and Folsom.

AGENDA ITEM 5(C)…CITY COUNCIL AND STAFF TO DISCUSS INFORMATION ON THE

City Manager Bill Brynes said the City had received a letter from the County requesting the Council
consider the possibility of extending water main lines to the Woods Creek area. Mr. Brynes said the
city’s engineer had provided information on this and Jones, Edmonds Associates, Inc., had also
prepared a report for the County. County Manager Jack Brown was in attendance and introduced the
county’s director of engineering Mr. Kenneth Dudley and interim County Manager Boyd Bruce.

Mr. Brynes briefly discussed information pertaining to this request. Mr. Brynes told the Council the
City’s subdivision regulations says if someone divides a piece of property, they would be responsible
to pay for and install utilities (water, gas, sewer, etc). Mr. Brynes also noted that, with the exception of
the Taylor Correctional Institute (TCI), someone always paid the cost for extension of water lines. Mr.
Brynes briefly reviewed information from the city’s engineer, William M. Bishop Consulting
Engineers, Inc., outlining several options for consideration. Those options included: connection to the
existing 6” city water line; connection to the existing 6” water line and adding a booster pump and
storage tank; connection to the existing 6” TCI line; separate water system. Mr. Brynes said the first
question is whether or not the Council even wants to allow extension of city water lines.

Mr. Byrnes said the proposed line probably needs to go all the way back to the city’s water plant. Mr.
Brynes said whether or not someone would be allowed to connect would be on the recommendation of
the city engineer. Mr. Brynes said if the engineer determines this would be feasible, the Council needs
to consider under what conditions it would allow someone to tie into the system. Mr. Brynes said the
engineer’s study outlines some ways to do this. Mr. Brynes said one way would be to install a meter
and on one side of the meter the City would have ownership of the water and on the other side the
County may have ownership and its own system. Councilmember Cook noted considerations: Would
Page 6, January 23, 2001, Regular Session

the city be interested in ground rules before agreeing to anything; that there be no tie-ons and extension
of line without first a guarantee that the minimal flows would be met (this per the city’s engineer).
Councilmember Scott asked how the city could be assured of receiving the minimal flow. City
Attorney Bill Blue said there could be an agreement between the city and county and the water line
could be metered. Councilmember Cook said his position is the minimal flow needs to be guaranteed
because a hookup is not a use. Councilmember Cook said consideration should be based on minimal
flow and not the number of hookups on the line and suggested a monitoring system be used to
determine the flow.

Mr. Brynes said it is his understanding that the study the county is having done is actually an
expansion of the city’s study. Mr. Dudley said this is so. Councilmember Scott asked the county if they
have considered installing their own system. Mr. Dudley said the study did not indicate that a separate
system would be cost effective. Mr. Brown said the Taylor County Board of County Commissioners
(TCBCC) has not made a determination. Mr. Brown said this depends on what the city wants to do
and the TCBCC would balance the pros and cons of the issue. Mr. Dudley commented that the
Suwannee River Water Management District prefers a water line extension from the city as part of that
system.

Mr. Brynes said he personally does not know how many residents in that area even want (city) water.
Mr. Brown said the county is trying to see under what circumstances the city would extend water lines.
Mayor Frith said the city attorney has said the City would ultimately be liable as the provider of the
water and this liability cannot be assigned. Mr. Blue said the county could provide the city a hold
harmless agreement but this would not prevent someone from suing the city. Mr. Brynes explained
that if the line is installed the city has to commit on the permit to the number of connections that can be
on that line. Councilmember Moore asked how many gallons of available water the city could sell at
this time. Director of Public Works Barney Johnson said the city is pumping one-half of one million
gallons per day (gpd). Mr. Johnson commented that if the city gave up 700 thousand and then has a
large industry that needs 700 thousand, the city would not be able to provide it to them because it had
already given that much.

Mr. Dudley briefly explained the process the County has started. Mr. Dudley said the county is
looking at the ultimate “build-out” point in that area. Mr. Dudley said it is the County’s intention to
provide information as to these things. Mr. Brynes commented that he assumes the County will pay
100 percent of the cost. Councilmembers stated this was their perception also that the County would
pay for all costs.

Mr. Brown noted two main concerns of the city extending water lines to the Woods Creek area. Those
concerns being that all flow of water is metered and that there is no cost to the city. Mr. Brynes said
these are really the only two concerns of the City.
Page 7, January 23, 2001, Regular Session

AGENDA ITEM 5(D)…CITY COUNCIL TO CONSIDER REAPPOINTMENT OF

City Manager Bill Brynes told the Council both Mr. Dowers and Mr. Howdeshell have agreed to serve
another term on this board if the Council wishes. Councilmember Cook made a motion to reappoint
Mr. Greg Howdeshell and Mr. Greg Dowers to another term on the City’s Construction Board of
Adjustment and Appeals. The motion was seconded by Councilmember Moore and upon roll call vote
was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM (6)…CITY MANAGER.

There was no discussion.

AGENDA ITEM (7)…DEPARTMENT HEADS.

Director of Community Development George Stamos updated the Council on the status of Council
Request at the January 9, 2001, Council meeting regarding cleanup of junk cars on a certain piece of
property. Mr. Stamos said the cleanup was begun but terminated by the owner. Mr. Stamos said this
individual has been difficult to deal with at times and suggested the Council make a decision as to how
to handle cases such as this. City Manager Bill Brynes said he looked at the City’s ordinances in
regard to such matters and the way he reads it, the City can go onto the property and do the cleanup.
Councilmember Cook agreed that this is the way he reads the ordinance. City Attorney Bill Blue said
he, too, is confident the City can do this. Councilmember Cook said the safety of City staff and
employees should not be jeopardized and recommended that city police officers escort staff and
employees onto the property for the cleanup.

On another item, Mr. Stamos spoke about houses in the city that have been in disrepair for some time.
Mr. Stamos noted that inmate labor was used and there was cost to the city. Mr. Stamos said a plan
needs to be formulated to clean up these areas of the city in regard to uninhabitable houses. Mr.
Stamos said another issue is removal and disposal of abandoned vehicles. Mr. Stamos said previous to
his employment, (the city) approached a local recycling operator to see what could be done to remove
abandoned vehicles. Mr. Stamos said his conversation was that this individual would take all these
vehicles. Mr. Stamos said he is looking to work this out so that there would be no cost to the city. Mr.
Brynes said he is looking into demolition landfills, but was told such landfills had to operate just as the
Greenville landfill. Mr. Brynes said if this is so, there is no way this would work to dispose of
abandoned vehicles.
Page 8, January 23, 2001, Regular Session

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Councilmember Moore asked Director of Public Works Barney Johnson for an update on the
possibility of getting streetlights installed on the north side of U. S. 19. Mr. Johnson said he had made
a phone call about this but has not received an answer.

Councilmember Moore briefly discussed the city project progress list. Councilmember Cook
requested that activities regularly done by the City be removed from the list and use this progress
report for city projects.

Councilmember Moore discussed concerns about the city’s new health insurance carrier Great-West.
Councilmember Moore said the new plan was started November 1, 2000, and there are still not many
local doctors that are on this plan. Councilmember Moore spoke about some physicians submitting
contracts with Great-West but not yet approved by Great-West even after two to three months. Mr.
Brynes informed the Council that city staff is trying now to go through the agent for Great-West to
check on these contracts. Councilmember Cook reminded the Council of the insurance carrier’s
agreement to conditional credentialing of local doctors. Councilmember Cook said the downside of
this could be that if the carrier found something wrong during the credentialing process, the carrier
might not accept the contract.

Councilmember Scott commended the city and staff on its support in the 2000 U. S. Census process.
On another matter, Councilmember Scott asked what determines whether or not an individual is
charged for putting up a sign. Councilmember Scott explained that a member of the New Brooklyn
Church put up a sign at the church advertising a youth activity and was charged a $25.00 fee. Mayor
Frith asked if the sign was to be a temporary sign. Councilmember Scott answered yes. Director of
Community Development George Stamos said his department probably issued the permit and he was
unaware of it being issued. Mr. Stamos said, generally, under the city’s Land Development
Regulations, churches are not required to pay a permit fee for temporary signs. Mr. Stamos said the
proper thing to do, in this instance, is to reimburse the cost of the permit.

Councilmember Cook said he would like to highly commend the city’s school crossing guard stationed
at the Clark Street location (between Perry Primary and the Middle School. Councilmember Cook also
suggested that this individual could be included to help train other crossing guards.
Page 9, January 23, 2001, Regular Session

AGENDA ITEM (9)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 9:25 p. m.

ATTEST:

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

Recorded in official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date