CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
June 27, 2000

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

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, Luther Gunter, Bill
Blue, Annette Anderson

Mayor Alexander called the meeting to order. Councilmember Scott led those attending the meeting in
prayer. Mayor Alexander led the group in the Pledge of Allegiance to the Flag. The roll was then
called by the secretary.
PRESENT ABSENT
Councilmember Cook X
Councilmember Frith X
Councilmember Scott X
Councilmember Moore X
Mayor Alexander X

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

EMPLOYEE(S) FOR YEARS OF SERVICE.

The employee was not present to accept the certificate.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES: June 13, 2000, Regular Session

After a brief review of the minutes, Councilmember Moore made a motion to adopt the minutes of
June 13, 2000, Regular Session as written; seconded by Councilmember Scott and upon roll call vote
was as follows:
YEA NAY
Councilmember Cook X
Councilmember Frith X
Councilmember Scott X
Councilmember Moore X
Mayor Alexander X

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

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

AGENDA ITEM 6(A)…PRESENTATION BY CITY ATTORNEY REGARDING CITY’S

RESPONSIBILITIES AND AUTHORITY IN SITE SELECTION FOR NEW SCHOOL.

City Manager Bill Brynes began by saying that at the last Council meeting on July 13, a request was
sent to the School Board asking the Board to involve the City in the selection of a new school site. Mr.
Brynes said on the 14th, he reviewed F. S. 235.19; talked to the Superintendent of Schools the next day
and was told everything had been worked out with the proposed site and there was no need to have a
meeting. Mr. Brynes said it was his understanding a meeting was held on the 16 th to discuss the
proposed site. Mr. Brynes said he then decided to send a copy of F. S. 235.13 to the Council to discuss
the site and see what direction the Council might want to take.
Page 2, June 27, 2000, Regular Session

Mr. Brynes said on the 21st he received a call from the city attorney, which preceded the attorney’s
letter to the School Board . Mr. Brynes said the Superintendent was notified (by fax) this meeting
would take place.

Mr. Brynes read a portion of F. S. 235.193 that says written notice should be provided to municipal,
county, regional and state agencies. Mr. Brynes noted part of the proposed site is located in the city,
while another part is located in the county, so it appears this applies to both the city and the county.
Mr. Brynes said there are concerns of traffic problems and safety concerns in this area. Mr. Brynes
also noted the matter might have to go before the City’s Planning and Zoning Board as well as the
County’s board. Mr. Brynes said there is a possibility that proposed site may take a special exception.

City Attorney Bill Blue then spoke and briefly reviewed the events leading to this item of discussion.
Mr. Blue said, at the time of the last meeting when the Council signed the request to the School Board
to involve the city, he did not know anything about what the City’s role should be in dealing with the
School Board on this issue. Mr. Blue said, at the end of this, he does not think the Council is going to
have much to say in this process but city staff and the City’s Planning and Zoning Board may, as well
as the City’s Board of Adjustment. Mr. Blue said this issue would be taken to circuit court, not brought
to the City Council, if there were to be a protest of the issue.

Mr. Blue said because he did not know the City’s responsibilities in this issue, he made several calls to
various individuals and obtained some advice related to this matter. Mr. Blue said he then wrote a
letter and copied to the School Board and the Board’s attorney with respect to F. S. 235.193 (4). Mr.
Blue said the School Board’s position at this time is the period for triggering the notice has not yet
occurred. Mr. Blue said the purpose of discussing this issue tonight is to give the Council the
opportunity to hear from others who have dealt with such issues in the past on what they believe to be
the City’s appropriate relationship with the School Board to construct a school—not to give an opinion
as to the site.

Mr. Blue introduced Mr. Wayne Tedder, who works for the City of Tallahassee, and Ms. Suzanne
Marshall, Department of Education. Mr. Blue said these individuals graciously agreed to attend this
meeting and provide information. Ms. Marshall addressed the Council and began by saying there
should be communication among the city, the county, and the school board regarding compliance with
comprehensive plans. Ms. Marshall said the comp plan must provide for sites or land use that gives
the type of zoning which the school may be located. Ms. Marshall said if the site location is consistent
with the Comprehensive Plan, the City cannot deny the location. Ms. Marshall said the school is to
provide adequate notice to the municipality regarding placement of traffic signals, construction of
sidewalks, bike trails, etc. Ms. Marshall said, where utilities are concerned, the school district would
pay its fair share. Where the local government does not have the funding, the school board would pay
all the cost and the local government has to pay its portion back to the school board.
Page 3, June 27, 2000, Regular Session

Ms. Marshall said by August 1, the School Board needs to enter an agreement to hold the proposed site
and needs to have construction documents prepared. Ms. Marshall said, to have construction
documents prepared, the architect must know the site. Ms. Marshall said the Department of Education
would provide 62 percent of the construction cost, with the School Board providing 38 percent of the
construction cost including the site. Mr. Blue asked if the School Board would miss the funding if the
Governor vetoes the funding. Ms. Marshall said not necessarily, as there is money each year.

Mr. Tedder gave an overview and idea of what kind of issues (the City) needs to think about and the
types of questions to ask. Mr. Tedder said there are land use and comprehensive plan use issues that
need to be considered. Mr. Tedder said the issues of ingress and egress, traffic control, safety, and the
City’s obligations concerning water, sewer, sidewalks, etc., need to be considered also. Mr. Tedder
said the city’s board of adjustments and appeals will have a lot of flexibility to address a number of
these issues and place certain restrictions on the site under the City’s Comprehensive and Land
Development Regulations. Director of Community Development Luther Gunter suggested the school
board, city and the county begin reviewing the Comprehensive Plan and LDR issues as soon as
possible.

Mr. Blue discussed the letter delivered to the School Board by several residents of Bishop Clark
Subdivision. Mr. Blue explained the letter requested the school board involve the city in the site
selection process. Mr. Blue said, apparently, it appeared to some members of the school board the
persons delivering the letter were acting as emissaries of the Council. Mr. Blue said he told board
members this was not the Council’s intent and the letter was not authorized that way.

After discussion, Ms. Marshall and Mr. Tedder, as well as members of the school board, left and the
meeting continued with the next item of business.

AGENDA ITEM 6(B)…INTRODUCTION AND FIRST READING-ORDINANCE NO. 735

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 (RSF-1) TO COMMERCIAL
NEIGHBORHOOD (CN), 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 Frith made a motion that the ordinance be read by title only. The motion was
seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Frith X
Councilmember Scott X
Councilmember Moore X
Mayor Alexander X
Page 4, June 27, 2000, Regular Session

The secretary read Ordinance No. 735 by title only. This ordinance to be brought back for final
reading and public hearing at the July 11, 2000 Council meeting.

AGENDA ITEM 6(C)…CITY COUNCIL TO DISCUSS IMPACT FEE WAIVER REQUEST.

Councilmember Frith began by asking City Attorney Bill Blue if he had any information to provide.
Mr. Blue said when this issue was last discussed, the Council was interested in exploring drafting an
ordinance that would permit certain businesses to have a waiver of fees under certain circumstances.
Mr. Blue said his suggestion was the Council might possibly need to have a meeting or two with the
Chamber of Commerce, Taylor County Development Authority and similar organizations to help
define criteria that these applicants would have to meet to receive the waiver.

City Manager Bill Brynes agreed the Council would need certain criteria (in place) if fee waivers were
to be considered. Councilmember Moore said there are several factors that need to be looked at i.e. if
the City starts waiving impact fees others will also ask for a waiver. Councilmember Moore said
(Council) does not have the facts needed to offer information at this time. Mr. Brynes said the request
has been made to waive fees on the Hampton Inn. Mr. Brynes said the question is how far will the
City go back (to waive fees).

There was discussion of whether or not impact fees are pledged funds under the water and sewer
revenue bond. Mr. Blue said it is his understanding impact fees are not pledged funds.
Councilmember Cook said a previous city attorney’s position was that the City could not touch impact
fees. Councilmember Cook said he would like a comfort level with a determination on whether these
fees are pledged fees. City Manager Bill Brynes commented that connection fees and impact fees are
separate items. City Attorney Bill Blue said he would provide information to the Council before the
next meeting.

City resident Jack Scott addressed the Council to ask why the Council is even considering waiving the
fee. Councilmember Cook said the taxpayers had voted that a tax break be given to businesses coming
into the community. Mr. Scott commented about several City projects that the City apparently has
difficulty funding and said the City should not waive impact fees. After addressing the Council, Mr.
Scott left the meeting.

Mr. Wayne Jones, Hampton Inn, commented that impact fees, unless in an area of high growth, can
punish the very people who will be doing the most business with (you). Mr. Jones said the $20,000
impact fee for Perry may be correct mathematically, but is difficult to fit into a budget. Mr. Jones said
there is a distinction between big ad valorem taxes and taxes at a residential rate. Referring to making
this request retroactive, Mr. Jones said before the impact fees were due, he came to the City Council to
request the fee waiver. Mr. Jones said impact fees add more debt or less capital, which creates
problems with the equity, or capital needed to carry the business forward.
Page 5, June 27, 2000, Regular Session

Councilmember Scott asked if the motel is located in the enterprise zone. Mr. Jones answered yes.
City Manager Bill Brynes said the impact fees were due when the building permit was issued, but it
was known Mr. Jones was going to make the request for waiver of fees. Councilmember Frith asked
how many persons are currently employed at the motel. Mr. Jones said there are 15 employees
presently, with the possibility of increasing to 20 to 25 within six months.

Councilmembers agreed a determination needs to be made as to whether these funds (impact fees) are
pledged funds. Councilmember Cook said he has a need to resolve this within (ourselves) Council’s
comfort level in doing this. Councilmember Cook asked if the waiver of fees would be done for
anyone who is contributing to the economic health of the community and said his comfort level is with
jobs i.e. number of employees.

City Attorney Bill Blue said, currently, the City cannot waive impact fees. Mr. Blue said the Council
would have to enact an ordinance. Councilmember Scott asked if it could be spelled out in the
ordinance what the City would need (criteria) in order to waive impact fees and the types of businesses
that would qualify for a waiver. Mr. Blue said this could be done but the Council would need input
from a number of individuals to determine what criteria are needed. Mr. Blue said the city is not in a
position to draft an ordinance until this is done. At the conclusion of discussion, it was the consensus
of the Council that a determination be made as to whether impact fees are pledged funds.

AGENDA ITEM 6(D)…CITY COUNCIL AND STAFF TO DISCUSS PRETREATMENT

PROGRAM.

Danny Lundy, Superintendent of Wastewater Services, gave the Council a review of an Industrial
Pretreatment (IPT) program being required by the Department of Environmental Protection, with the
issuance of the recent permit to the City. Mr. Lundy explained the City will have to have the ITP
program completed by March 2001. Mr. Lundy briefly reviewed some of the items the City will be
required to do: submit an industrial use survey, draft a (sewer) ordinance, submit final sewer ordinance,
submit program implementation, and provide technical information on wastewater system. Mr. Lundy
said under the industrial use survey, the City would be required to locate all industrial users and
identify discharges produced by these users. Mr. Lundy said this information would help to develop
the type of pretreatment program needed. Mr. Lundy said he wanted the Council to be aware of what
is going to have to take place in implementing this program. Mr. Lundy also told the Council this
could be costly if the City has to analyze for each category i.e. pesticides, metals, etc. that might be
discharged from any particular business. Mr. Lundy said the Council might have to decide if the
business would have to pay this cost or if the City pays the cost.

Councilmember Scott asked if (implementing) this program would require special training for
employees and if there were enough employees to do this work. Mr. Lundy said special training would
not necessarily be needed, but he feels the City does not have enough employees.
Page 6, June 27, 2000., Regular Session

Councilmember Moore commented that the City should move on getting the spray field if there’s a
possibility it could help get away from having to do the pretreatment program. Mr. Lundy told the
Council the City might not be able to get out of the program even if it were to get the spray field.

After discussion of this item, Council moved on to the next item of business.

AGENDA ITEM 6(E)…CITY COUNCIL AND STAFF TO DISCUSS STREET NAMING PROJECT.

It was the consensus of the Council that this item be reagendaed for the July 11, 2000, Council
meeting.

AGENDA ITEM 6(F)…CITY COUNCIL TO CONSIDER APPROVAL OF FIRE AND NATURAL

DISASTER MUTUAL AID AGREEMENT BETWEEN CITY OF PERRY FIRE DEPARTMENT
AND OTHER FIRE FIGHTING AGENCIES.

Councilmember Frith made a motion to approve the Fire and Natural Disaster Mutual Aid Agreement
between the City of Perry Fire Department and other fire-fighting agencies. The motion was seconded
by Councilmember Cook and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Frith X
Councilmember Scott X
Councilmember Moore X
Mayor Alexander X

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes provided the Council with a draft copy of Taylor County’s Rural Community Advancement
Program/Strategic Plan. Mr. Brynes said there would be a meeting at the Forest Capital Hall on
Thursday, June 29 to discuss this issue.

Mr. Brynes reviewed the two bids received for fencing three sides of the Woodlawn Cemetery:
$27,190 and $33,135. Mr. Brynes said the cemetery fund was approximately $3,000 to $4,000 short
of funds needed. Councilmembers agreed the additional funds needed could come from the City’s cash
reserves.

Mr. Brynes reviewed information on the City’s interest in purchasing certain railroad property as
discussed at the last Council meeting. Mr. Brynes suggested the City try to obtain the property where
Spring Creek and Folsom Park is located. It was the consensus of the Council that Mr. Brynes pursue
the attempt to obtain this property.

Mr. Brynes briefly reviewed a letter from the Department of Environmental Protection notifying the
City of award of $50,000 in grant funds.

Page 7, June 27, 2000, Regular Session

Mr. Brynes reviewed a letter from the County Attorney regarding the Board of County Commissioner’s
agreement for a 50/50 (County/City) share of cost to pave streets in the El Rancho Subdivision.
Councilmember Scott commented there are several other roads that have been requested be paved and
if these cannot be done, she would not be in favor of paving the El Rancho Subdivision area at this
time.

AGENDA ITEM (8)…DEPARTMENT HEADS.

Luther Gunter, Director of Community Development, informed the Council the City still needs two
members (lay persons) to serve on the City’s Licensing and Construction Industry Board.

Mr. Gunter requested an item be placed on the agenda for the next meeting. Mr. Gunter said he would
like to discuss the possibility of looking at other avenues concerning animal control fees. Mr. Gunter
told the Council the cost to pursue these fees is more than the fees themselves.

Chief of Police Wayne Putnal briefly explained his concern and involvement regarding the school
board issue discussed earlier this meeting. City Attorney Bill Blue said the purpose of discussing the
issue this meeting was to educate (ourselves) about the issues and laws.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Scott asked staff to look at having the grass cut around the sidewalks on Swartz
Street.

Councilmember Moore commented about discussion during the time of the Department of
Transportation’s resurfacing of Jefferson Street that that there was a problem with (storm) water
running off Jefferson Street. Councilmember Moore said there is still a problem.

Mayor Alexander commented about standing water in the area of Martin Luther King down Warner to
the end of the projects area. Mayor Alexander asked staff to look at this situation.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 9:45 p. m.

ATTEST:

_______________________________ _________________________________
William E. Brynes, City Manager William Alexander, Mayor

Recorded in official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date