CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
August 8, 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.

Mayor Alexander opened the floor to City Attorney Bill Blue for the introduction of his law partner,
Ms. Faith L. Dixon.

SWEARING IN OF CITY COUNCIL MEMBERS:

The Honorable Stephen “Buddy” Murphy, County Judge, administered the oath of office to
Councilmember Richard Frith, Councilmember Shirley Scott and Councilmember William Alexander,
respectively. It was noted these Councilmembers won the city election unopposed.

REORGANIZATION OF CITY COUNCIL FOR THE PURPOSE OF SELECTING:

A. MAYOR

Mayor Alexander called for nominations for Mayor. Councilmember Scott made a motion to nominate
Councilmember Richard Frith to serve as Mayor. Councilmember Moore seconded the motion 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

Councilmember Frith took his seat as Mayor.

B. VICE MAYOR

Mayor Frith made a motion to nominate Councilmember Scott to serve as Vice Mayor; seconded by
Councilmember Cook 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
Page 2, August 8, 2000, Regular Session

(4). The roll was called by the secretary and was recorded as follows:

PRESENT ABSENT

Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM (5)…APPROVAL OF PREVIOUS MINUTES: July 25, 2000, Regular Session;
July 31, 2000, Special Session.

After a brief review of the minutes, Councilmember Cook made a motion to adopt the minutes of
July 25, 2000, Regular Session and the minutes of July 31, 2000, Special session as written; seconded
by Councilmember Alexander 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)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

Perry Police Officer James N. Cruse, Jr., addressed the Council on behalf of employees of the Perry
Police Department and provided a booklet he had prepared containing information on police
department and law enforcement salaries and demographics. Officer Cruse said this information is
being provided for the Council’s review and with the intent to bring the current pay levels of police
offices in the State to the attention of the City Council. Officer Cruse said city police officers are
requesting the Council consider adjusting the salaries. Officer Cruse said he would try to answer
questions the Council may have tonight and look to discuss this issue later.

Councilmember Scott asked for clarification that the information provided is for the purpose of looking
at police officer salaries and compare to other cities and put the issue for consideration of whether or
not (it) merits raises for the officers. Officer Cruse said that was correct. Mayor Frith said he
understands this to mean that Council reevaluate the whole scale and make salaries more competitive
with other communities.

City Manger Bill Brynes asked Officer Cruse about clarification of a comment Officer Cruse had made
when he (Brynes) and Officer Cruse discussed this issue the day before. Mr. Brynes said the comment
concerned the department’s desire to have a salary increase rather than health insurance. Mr. Cruse
stated, “No, I did not say this.” Mr. Cruse said, yes, he wants a raise and he wants health insurance;
but this is up to the Council to review.

Councilmembers said they would review the information and plan to discuss the issue at a future date.
Page 3, August 8, 2000, Regular Session

Another individual to address the Council was Ms. Barbara Bratcher. Ms. Bratcher said she is
addressing the Council on behalf of the Salvation Army, which had submitted a request for a
solicitation permit. Ms. Bratcher said a group of individuals would like to solicit funds for this
organization on Friday, August 11, 2000. Ms. Bratcher explained funds collected would be used to
assist those in the community with prescription costs. It was the consensus of the Council that the
solicitation permit be approved as requested.

Mr. Joe Robertson, 801 W. Dundee, asked the Council for an update on his request that the City look
into the problem of water from U. S. 19 flowing onto his property. Director of Public Works Barney
Johnson said there is a possibility the City might be able do a little to help but cannot guarantee it will
solve the problem. Mr. Johnson said he had met with the Department of Transportation two or three
weeks ago and they are continuing to maintain U. S. 19.

Mr. Robertson then asked if anything is being done about the problem of loud music he brought before
the Council several weeks ago. Chief of Police Wayne Putnal said police officers have written
approximately 35 tickets for loud music. Mr. Robertson commented that he wished the police officers
could patrol the area of Bacon and Dundee Streets more often. He said drugs are a problem in this
area.

Councilmember Cook asked the nature of work that could be done to help alleviate the problem of
water to Mr. Robertson’s property. Mr. Johnson said swell work could be done and possibly tying into
part of the city’s drainage by running a culvert across from the property. Mr. Johnson said this might
be able to be done in the next couple of weeks.

Mr. Dale Young, addressed the Council to ask the City’s help in removing or having removed an old
building approximately 12’ x 20’ from behind the football field stadium (visitor’s side). Mr. Young
said the building is an eyesore and a hazard. Mr. Young said the School put the building there or was
authorized to do so. Mr. Young said he would like to see the City make someone remove it. City
Manager Bill Brynes told the Council the Booster Club had put the building there. Mr. Brynes said the
City could do something to get the building removed.

AGENDA ITEM 7(A)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 734

AN ORDINANCE AMENDING ORDINANCE NO. 399, OF THE CITY OF PERRY, FLORIDA BY

Councilmember Cook made a motion that Ordinance No. 734 be read by title only. The motion was
seconded by Councilmember Alexander 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

The secretary read Ordinance No. 734 by title only. Mayor Frith opened the public hearing. There was
no one to speak for or against the ordinance. Councilmember Scott made a motion to adopt Ordinance
No. 734; seconded by Councilmember Cook 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 7(B)…CITY COUNCIL TO CONSIDER APPROVAL OF INTERLOCAL

Beginning discussion of this item, Mayor Frith stated that the Taylor County Board of County
Commissioners has graciously agreed to share in the cost of this project. City Attorney Bill Blue said
he had reviewed the Agreement and City Manager Bill Brynes had suggested changes based upon his
review and the changes were made accordingly. Mr. Blue said the Agreement appears ready for
implementation.

City Manager Bill Brynes told the Council the change suggested be made pertained to Inspection by
the City i.e. “…and the City has the right to have input on the quality of the said paving project. The
City will be allowed to have input in the design of the project.”

Councilmember Moore asked the cost of the project. Mr. Brynes said the county has a contract already
with unit prices in it. Councilmember Moore said it was important (to the City) to know the estimated
cost of the project. Councilmember Moore also said the Council had agreed that when areas of the city
are paved, sewer lines would be installed at that time.

Mayor Frith said paving could be put down the middle of the right-of-way on one side and run the
sewer pipes without disturbing the pavement. Mayor Frith said there is room for both the road and
sewer lines. Councilmember Scott said she, too, would like to know the cost of the project, as she has
some streets she has requested be paved for some time. There was comment that Commissioner
Johnny Hankerson had agreed to provide (County) funding for some of these streets.
Mayor Frith suggested tabling this item until further information could be obtained i.e. reviewing the
city ordinance to determine that the proposed price does not exceed what the ordinance states. It was
agreed that the City would not want to jeopardize not having this work done as it could be a
considerable cost to the City at a later date. Councilmember Cook suggested Council wait for the
Page 5, August 8, 2000, Regular Session

additional information unless the County gets to that point of paving the area of El Rancho
Subdivision. Councilmember Cook said the City could then meet in special session to act on this
issue. It was the consensus of the Council that this be done.

AGENDA ITEM 7(C)…CITY COUNCIL TO REVIEW AND CONSIDER APPROVAL OF THE

Councilmembers agreed to table this item for the August 22, 2000, City Council meeting.

AGENDA ITEM 7(D)…RESOLUTION NO. 2000-8; A RESOLUTION BY THE CITY OF PERRY,

Director of Community Development Luther Gunter, Jr., briefly explained this item. Mr. Gunter said
each year the Florida Department of Agriculture and Consumer Services, makes available grants for
implementation for projects associated with trees. Mr. Gunter said the City is looking to do city tree
inventory with this application. Mr. Gunter said the grant, if received, will go toward the purchase of
Geographic Information System (GIS) hardware for implementing this project. Mr. Gunter explained
the grant is a 50/50 grant. Mr. Gunter told the Council the primary focus for the grant is going to be in
implementing the tree inventory project but the equipment could also be used by several departments
of the city. Councilmember Cook asked the value of the grant. Mr. Gunter said the grant is for $7,000
and the city has until August 30 to complete the application. After discussion, Councilmember Cook
made a motion to adopt Resolution No. 2000-8. The motion was seconded by Councilmember
Alexander 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 (8)…CITY MANAGER.

Mr. Brynes reviewed the list of volunteer citizens who have agreed to serve on the City’s Licensing
Board, as established by Ordinance No. 731. Those members include: Robert Lynn; Joey Falany; Sam
Folsom; Mike Deming; Jack Scott. Councilmember Moore made a motion to accept the list of names
as citizens to serve on the City’s Licensing Board. The motion was seconded by Councilmember Cook
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
Page 6, August 8, 2000, Regular Session

On another matter, Mr. Brynes reviewed a copy of a letter he proposed be signed by the Council and
sent to the Babe Ruth Tournament officials requesting they consider holding a tournament in Perry.
Mr. Brynes said the estimated (revenue) impact to have the tournament in Perry could be as much as
$65,000. It was the consensus of the Council to sign the letter to be sent to the Babe Ruth Tournament.

Mr. Brynes briefly updated the Council on employee health insurance issues. Mr. Brynes said the
insurance carrier had sent information showing the amount of claims and premiums by month. Mr.
Brynes said staff would continue to work on this issue.

On another matter, Mr. Brynes told the Council the estimated cost of materials to install 600 ft. of 24-
inch drainage pipe in the area of High Street is $9,900. Mr. Brynes said some work has been done on
the existing pipe and swales would be put in. Mr. Brynes told the Council the ideal thing to do would
be if the property owners had an inlet to drain to the existing pipe, but he doesn’t know if the property
owners would do this or not. Mr. Brynes suggested the best thing to do before installing the pipe
would be to put in the swales to see if this helps.

On another issue, Mr. Brynes told the Council Dr. Miles Nelson, who is building a new home on E.
Green Street, wants to be able to connect to the city sewer system. Mr. Brynes said this would entail
the running of the line down county right-of-way to city right-of-way. Mr. Brynes said the Council
(City) has a policy that the City was not going to put any more force mains from residences. Mr.
Brynes said the difference in this (situation) is all Dr. Nelson would have to do is get an easement
across another individual’s property--the force main actually would be on county right-of-way.

Councilmember Moore said the City should try to accommodate Dr. Nelson regarding his request. Mr.
Brynes said he would address the Taylor County Board of County Commissioners at their next
meeting.

Mr. Brynes reviewed information with the Council regarding grants the City had applied for sewer
improvements.

Mr. Brynes then updated the Council about the request for clean up of property located near
Loughridge. Mr. Brynes said there had been some discussion of this issue at the July 25, 2000 Council
meeting. Mr. Brynes asked if the Council had given any further thought on this matter. Mr. Brynes
said the City and the property owner would do this cleanup, when asked by Councilmember Scott.

Mayor Frith said he has been assured by an individual that the parties who own the property are willing
to contribute and to put up fencing or get it fenced once the property is cleaned up. Someone else said
if the street is opened all the way through, it would speed up the traffic and people would not be
stopping to dump trash. Mayor Frith it might be best to clean up the property and let the landowner
fence the property and be responsible for it. Councilmember Scott asked who would clean up the
Page 7, August 8, 2000, Regular Session

property; Mayor Frith said the city and the property owner. Councilmember Cook asked how (the city)
could justify deviating from the policy and not charge the property owner the full rate and then turn
around and charge someone else by the established rate. Mayor Frith noted that Councilmember Cook
had a good question, but there are situations where there are absentee landowners or those who have
not had the funds to pay the money for cleanup.

Councilmember Cook said he is concerned about what the City would be compelled to do by principle
if someone else requests the same. Councilmember Moore said he sees the ordinance set up so that the
City charges so much for the use of equipment and time. Councilmember Moore said it would be best
the property owners deal with an independent contractor. Councilmembers agreed the property has to
be cleaned up. Mayor Frith stated there is no adversarial situation with this issue. The property owner
is just waiting for an answer from the City. Councilmember Moore suggested the city ordinance be
followed regarding this matter. Councilmembers agreed.

Mr. Brynes reviewed a letter of request for city documents received from Mr. Wayne Jones, Assistant
General Manager of Hampton Inn. Mr. Brynes explained that Mr. Jones had requested by certified
mail, information pursuant to Florida Statutes, Chapter 119. Mr. Brynes said Mr. Jones had requested
the City (staff) copy a list of numerous and various city documents and the cost of copying these
documents. Mr. Brynes said these documents include: copy of ordinance authorizing the impact fees
and the effective date; a copy of all building permits issued to commercial businesses in the past three
years; a copy of any bills sent to the businesses with respect to impact fees; a copy evidencing payment
of impact fees by those businesses that includes the date and amount of payment; and the same
information for several other specific businesses (listed in the letter) if those businesses were not built
in the last three years. Mr. Brynes presented a large book containing six months of building permits. It
was estimated there were approximately 1,000 to 1,500 pages in this one book. Mr. Brynes said there
are six such books.

Mr. Brynes provided information to the Council from Chapter 119 Florida Statutes, which pertains to
public records. Mr. Brynes said the copying of all the documents being requested would require the
assigning of several employees to search through these records and to make copies. Mr. Brynes said
Florida Statutes allows for the charging of a special service fee, in addition to the cost for copies,
which would be not more than 15 cents per one-sided copy up to 14 inches by 8 ½ inches. Mr. Brynes
said the total cost could be a considerable amount. City Attorney Bill Blue suggested inviting Mr.
Jones to come to City Hall, look at the information, and mark those pages of documents for copying.

Councilmember Moore stated it has been agreed that the impact fee for the Hampton Inn will be paid
and the city should start collecting that fee. Councilmember Moore said there is an ordinance in place
and others are paying impact fees and will continue to do so. Mr. Blue said it was his understanding
that Mr. Jones (Hampton Inn) was going to start paying this fee. Mr. Blue said the City has a legal
to enforce payment if the City wants to do this. Mr. Blue said unless the Council decides otherwise,
the City has an obligation to uniformly enforce the laws.
Page 8, August 8, 2000, Regular Session

Councilmember Cook said the bill should be on Hampton Inn’s next bill following the last Council
meeting. Director of Finance Billy LaValle explained that billing had already been sent out, but an
interim billing could be done; otherwise, the next billing would be September.

Councilmember Moore said he does not feel comfortable with the ordinance in place and the city not
receiving any response from Hampton Inn, or the response received was not favorable.
Councilmember Cook said two weeks ago (Council meeting July 25, 2000) this was a done deal and
Mr. Jones made comments about paying the bill. Councilmember Cook stated that it is appropriate that
he receive a bill that has the impact fee billed in August. Councilmember Cook asked what length of
time is given before the City turns off utilities for nonpayment of impact fee i. e. if this were a
residence, what would the city do? Mayor Frith said Mr. Jones is not in a decision-making issue with
the Council. Councilmember Frith said it should be made clear this is not a “wait and see” matter, and
perhaps the Council should state this more emphatically. Mayor Frith then stated that he did not fully
understand the motion made by Councilmember Moore at the July 25, 2000 meeting, and perhaps by
misunderstanding he voted differently. Mayor Frith stated the City has an ordinance in place and until
such time it is changed, the citizens will abide by it.

Councilmember Cook said he charges the City Manager to interrupt the utility services (at Hampton
Inn) if the impact fee is not paid in a timely manner. Councilmember Cook encouraged that the (City)
be united and enforce the ordinance and charge the City Manager to pursue this as he would with
everyone else.

Councilmember Scott asked if the City, in the past, waived the impact fee for any other business.
Council said this had not been done to their knowledge. City Attorney Bill Blue said one business in
the past couple of years had asked for a waiver, but the City did not waive the fee. Councilmember
Moore suggested sending a message to Mr. Jones that the Council’s intention is to stand by the
ordinance that the bill for impact fees is due in increments or in whole.

City Attorney Bill Blue read an exert from the July 25, 2000, minutes reflecting that what (Council)
recollected about discussion at that meeting was noted in the minutes.

After discussion of the impact fees, Mr. Brynes said staff had begun providing information to various
health insurance carriers and had received a few telephone calls from some agents asking to bid on the
insurance.

AGENDA ITEM (9)…DEPARTMENT HEADS.

Director of Community Development Luther Gunter, Jr., updated the Council on the elementary school
site. Mr. Gunter said the City was advised June 28 the school would be looking to purchase the Clark
property on Green Street. Mr. Gunter said the City is required by F.S. to report within 45 days to
determine whether the site is consistent with the city’s comprehensive plan. Mr. Gunter said
amendments to the city’s Comprehensive Plan (Evaluation, Appraisal, Report) advise the permitting of
schools in an agricultural land use is not consistent with 9J5 of the Florida Administrative Code. Mr.
Page 9, August 8, 2000, Regular Session

Gunter explained that because the property is classified as agricultural land use on the City’s Future
Land Use Map, it is not consistent. Mr. Gunter said he would be sending a letter to the Superintendent
of Schools, Oscar Howard, Jr., advising him of this inconsistency and explaining the land use
classification would have to be changed to Public Use.

On another matter, Mr. Gunter told the Council he would like to bring items of code enforcement
(animal control) before the Council at the next meeting.

City Attorney Bill Blue reiterated Mr. Gunter’s comments regarding the proposed school siting. Mr.
Blue said the preliminary report indicates that the proposed site cannot be approved until the
application is made for rezoning for a land use change and approved by the Department of Community
Affairs (DCA). Mr. Blue commented that the City has no control over how long it will take DCA to
review this issue.

AGENDA ITEM (10)…CITY COUNCIL REQUESTS.

Mayor Frith asked if there was anyone else to speak at the meeting. A number of city employees were
in attendance. Wayne English, Superintendent of Gas Services, commented to the Council that
employees had learned there are no proposed salary increases for employees for the 2000-2001 fiscal
year. Mr. English also commented on the proposed increase in employee health insurance rates.

Mayor Frith said Council was aware of the memo the city manager had sent to the employees
regarding this matter. Mayor Frith said (it was expected) insurance rates would increase and he
expects Council and staff will do some more work on the budget.

Councilmember Cook commented that he expects, personally, that the health insurance plan will be
worked out and there will be an opportunity to look at the budget for a possible increase in personnel
rates. Councilmember Cook said this could not be done until it is known what will happen with the
health insurance plan. Councilmember Cook said the pay plan is not a “dead issue.”

Mayor Frith commented he thinks this Council has done a good job for the employees the last seven
years and this issue will be addressed again before the budget hearing.

AGENDA ITEM (11)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:30 p. m.
ATTEST:

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

Recorded in official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date