CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
July 10, 2001

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Don Cook and Doug Everett

MEMBERS ABSENT: Richard Frith

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

Vice Mayor Scott called the meeting to order and led those attending the meeting in prayer. Vice
Mayor Scott 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 Everett X
Mayor Frith X

Mayor Frith was absent to serve on the canvassing board for the city election.

AGENDA ITEM (3)…APPROVAL OF PREVIOUS MINUTES: June 22, 2001-Special Session; June
26, 2001-Regular Session; June 28, 2001-Special Session.

After a brief review of the minutes, Councilmember Everett made a motion to adopt the minutes of
June 22, 2001, 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 Everett X
Mayor Frith ABSENT

Councilmember Everett made a motion to adopt the minutes of June 26, 2001, Regular Session as
written; seconded by Councilmember Cook and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

Councilmember Cook made a motion to adopt the minutes of June 28, 2001, 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 Everett X
Mayor Frith ABSENT
Page 2, July 10, 2001, City Council Meeting Minutes

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

Mr. George Clayton, 1003 E. Green Street, addressed the Council to request permission to be allowed
to install a pumping system and tie into the nearest sewer main. Mr. Clayton said the City has allowed
this for other citizens and he is asking the same consideration. Mr. Clayton said he is on a septic tank
system and has had problems for years. Mr. Clayton said if the Council grants his request, it would
provide for better living quality at his home. Councilmember Cook asked a reason why the City could
not grant this request. City Manager Bill Brynes said, over the years, the City has allowed a small
number of individuals to do this, but then the feeling of (a previous) Council was that there were
becoming too many of these individual requests and the Council had decided not to allow any more.
Mr. Brynes said it could be done if this is what the Council wishes. Councilmember Everett said he
did not understand why Mr. Clayton could not tap into the city’s sewer main. Director of Public Works
Barney Johnson explained that the elevation (gravity) is low. After further discussion, Councilmember
Cook made a motion that Mr. Clayton be allowed to tie into the city’s sewer main as requested. 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 Everett X
Mayor Frith ABSENT

Mr. Buddy Humphries, Taylor County Development Authority, informed the Council the community is
hosting the Babe Ruth Baseball Tournament beginning July 19, 2001 at 6:30 p. m. Mr. Humphries
requested a member of the Council address the visiting teams at that time and give a welcome speech.
Mr. Humphries said there would be approximately 1,000 people from out of town during this time and
the hotels are already booked full. Vice Mayor Scott said she would speak with the Mayor about this.

Emily Ketring and Jeannette Edwards addressed the Council to request city park improvements. Ms.
Ketring and Ms. Edwards noted what they felt were several safety concerns at the city park and cited
information from safety reports they had compiled for the Council’s review. One concern noted was
that all fences should have gates to streets. Other concerns included the type of slide at the park,
chipped paint and rust, sharp edges on riding equipment and the lack of the proper type of “fall
surface” under certain playground equipment. The women also spoke of outdated equipment at the
park, such as the merry-go-round. Ms. Ketring asked that the equipment be maintained--not removed.
Vice Mayor Scott asked if any (park) accidents had been reported to the City. City Manager Bill
Brynes said there were none that he was aware of.

Mr. Brynes addressed another issue at the city park. Mr. Brynes said the tennis courts need to be
repaired and this is in the city’s budget. Mr. Brynes said the cost just to replace the asphalt is
approximately $21,000 and does not include the labor and removal of the asphalt. Mr. Brynes said the
cost to completely redo the tennis courts would be between $33,380 and $38,947. Mr. Brynes said it
Page 3, July 10, 2001, City Council Meeting Minutes
had been suggested to him that the City do away with the tennis courts altogether, due to the fact that
the courts are not used very frequently. Mr. Brynes said this is because individuals seem to prefer
playing at the new high school and at the Buckeye Park courts. Mr. Brynes said the Council might
wish to consider taking the $33,000 and putting that amount towards improvements to the city park.
Councilmember Everett agreed that the park is in need of improvement and commented that if
equipment is damaged it has to be removed but simply mowing the grass and keeping the weeds out of
the park needs to be addressed as much as the disarray of equipment. An individual from the audience
suggested the tennis court surface could be left for children to skate on or ride bikes on.
Councilmember Everett said his only concern with that would be one of safety if the court had cracks
or other obstructions. Vice Mayor Scott said since the Council has an idea of what needs to be done
and knows approximately how much money could be spent, she would like to see the women organize
a committee to gather further information and come back to the Council at the July 24, 2001 meeting.
Ms. Ketring and Ms. Edwards said they would do this.

Councilmember Everett said he would like to have the recreation employees place some mulch at the
fall surface areas of the park immediately, especially around the slide.

AGENDA ITEM 5(A)…CITY COUNCIL TO CONSIDER APPROVAL OF FLORIDA MUNICIPAL

NATURAL GAS ASSOCIATION MUTUAL AID AGREEMENT.

After a brief review of the agreement by City Manager Bill Brynes, Councilmember Cook made a
motion to approve the Florida Municipal Natural Gas Association Mutual Aid Agreement. The motion
was seconded by Councilmember Everett and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 5(B)…CITY COUNCIL TO CONSIDER REQUEST FROM HIGH SCHOOL

PRINCIPAL JOHN DAVIES TO ALLOW STUDENT PARKING IN AN AREA ADJACENT TO THE
SOUTH END ZONE OF THE FOOTBALL FIELD.

Mr. Davies was not present. Councilmember Cook said it was his understanding that the Council was
waiting to hear information from City Manager Bill Brynes and Director of Public Works Barney
Johnson before making a decision on permitting use of this field for student parking.

Vice Mayor Scott asked Mr. Johnson his opinion. Mr. Johnson said from a personal point of view, his
concern would be that once students leave school property the students are no longer under school
rules or responsibility. Vice Mayor Scott asked Mr. Johnson’s professional opinion about parking in
this area. Mr. Johnson said parking in this area could cause a sand pit and cars will end up getting
stuck. There was some discussion about the paving of this area or putting down lime rock. There was
also discussion of water retention. Councilmember Cook said, after having thought about these
things, his personal opinion is that the City should try and work with the school in allowing student
Page 4, July 10, 2001, City Council Meeting Minutes
parking in this area. Councilmember Cook said as far as the school’s control over the students, there
could be an agreement between the city and the high school, if this property is developed for this
purpose, that the school would have some sort of control on that property during school hours. City
Attorney Bill Blue suggested the City could sell or lease that property to the School. Councilmember
Cook agreed saying the property could be leased for $1 per year contingent upon the school making
and maintaining a useable driving surface. Councilmember Everett said the surface needs to be such
that it does not hinder or shed water onto the property of others. It was the consensus of the Council
that this proposal be communicated to Mr. Davies at the high school.

AGENDA ITEM 5(C)…BONNIE JO AND MIKE WHITTINGHAM TO ADDRESS THE COUNCIL

REGARDING THE CITY ABANDONING A CERTAIN PORTION OF GREEN STREET.

Mr. and Mrs. Whittingham, 1147 W. Green Street, addressed the Council to request help with a
decision on whether there is a road on their property. Mr. Whittingham explained it is not Green Street
but a road (13th Street) adjacent to their property that is in question. Mr. Whittingham said after
extensive searching at City Hall and the Courthouse, he can find no written documents establishing a
right-of-way or any easement documents for the north sector of the property for which they pay
property taxes. Mr. Whittingham told the Council the road had been used by the public and the City
prior to 1980, but not since, and he and his wife contend that any claim to it should be relinquished to
them as the owners. Mr. Whittingham said he and his wife just want to establish what the status of the
land is and are requesting to know whether the city has a claim on that land.

City Manager Bill Brynes said what (we) do not know is exactly where the road and property lines are
located. Councilmember Cook commented that if the City were to relinquish claim to the road the two
property owners could define the boundaries. It was noted Mr. and Mrs. Sam Folsom, 1142 W. Green
Street, also have an interest in this road. Mr. Folsom then addressed the Council. Mr. Folsom said, at
the present time, he is in the process of having his property surveyed, but his legal description says his
property goes to 13th Street (Mr. Folsom lives on the east side of 13th Street). Mr. Folsom said if the
City were to abandon the road between Main Street and Green Street, the said property (13 th Street) be
divided down the center between the owners of the property on the west side and the owners of the
property on the east side of 13th Street. Mr. Folsom said he was told if the City maintained that as a
roadway for seven years, the road belongs to the City. Mr. Folsom said he was also told that by state
law if the City elects to abandon a street the City would offer one half to each property owner on each
side.

City Attorney Bill Blue said the City may dispose of its interest in the street through a variety of means
i.e. e. sell, grant or abandon its interest in this street. Mr. Blue said if the City chooses to give an
easement, lease or sell the property it would need to describe what exactly it was selling, leasing, etc.,
but if the City were to abandon, all adjacent land owners would take an interest in the property being
abandoned up to the center line of the road. Councilmember Everett asked if there is any law or
Page 5, July 10, 2001, City Council Meeting Minutes

regulation that says if the City stops maintaining a road that it automatically reverts to a property
owner. Mr. Blue stated no. Councilmember Cook said he does not think the City needs to get into a
debate on ownership of the property and asked if staff foresees any future need in the property. It was
noted there is an easement for utilities. Mr. Folsom said since the City owns the street, there is a
prescribed way to dispose of it by law.

At this point, Mr. Blue advised the Council he had just realized he is related to Mr. Folsom. Mr. Blue
said Mr. Whittingham might wish to hear from some one other than he on this issue. Mr. Brynes at that
point asked Mr. Folsom if it was his brother who would be doing the survey of his property. Mr.
Folsom said it would be his brother.

Mr. Blue continued and said, in the past, the City would receive consent of every property owner,
abandon the street, and then the property owners would do the legal work and cost of getting surveys,
deeds, easement agreements, etc. Mr. Blue said the City does not have to do it this way—it can do
what it wants to do. Vice Mayor Scott asked if, presently, the City owns the property. Mr. Blue said it
is his belief the City does own the property. Mr. Blue told the Council one question that needs to be
answered is if there are any other persons who have property along this road. Vice Mayor Scott asked
the Council if the City should retain ownership of the road. It was the consensus of the Council that
the City not retain ownership of the road but that the City would maintain the utility easement. Vice
Mayor Scott said a decision needs to be made as to the means to dispose of the property. City Manager
Bill Brynes said it is a matter of the property owners getting a survey of their own properties. Mr. Blue
said if the city gives up the property there should be: a survey that gives three property descriptions
and the unanimous consent of all parties concerned that the City will proceed. Mr. Blue said the
property owners should resolve among themselves the legal description of their properties and show
the City where the easement is and then come back to the City. Councilmember Everett asked if there
is a requirement that the City find where the centerline of the road is located. Mr. Blue said each
party’s surveyor could do that.

Mr. Whittingham said he was disappointed he was not informed of this before the meeting as he might
have been better prepared for discussion. Mr. Whittingham said he and his wife have tried to be
cooperative and are only trying to do what is right and fair. Discussion concluded with the two parties
to follow the guidelines as set out in the discussion.

AGENDA ITEM 5(D)…CITY COUNCIL TO CONSIDER REQUEST TO INSTALL 4-WAY STOPS

AT WASHINGTON AND LEON STREETS.

Director of Public Works Barney Johnson told the Council he had been approached by members of
First Methodist Church requesting that four-way stop signs be placed at Washington Street and Leon
Street. Mr. Johnson explained that the church had installed basketball courts at one corner across the
street from the church and for the safety of the children crossing back and forth requested the four-way
stop signs.
Page 6, July 10, 2001, City Council Meeting Minutes

Councilmember Everett made a motion that four-way stop signs be installed at the intersection of
Washington Street and Leon Street as requested. 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 Everett X
Mayor Frith ABSENT

AGENDA ITEM 5(E)…CITY COUNCIL TO DISCUSS AND REVIEW RESIDENT SUGGESTIONS

FOR POSSIBLE CITY STREET NAME CHANGES.

The Council began a review of streets with same or similar names. Resident Mary Jo Farmer of 117
Landry Drive, said residents on this road would prefer not to have to change the street name but if so,
they would like to choose the name of Shady Oaks Lane. Councilmember Everett said this is the street
he had suggested the Council might consider changing to (Tom Moore) in remembrance of the late
Councilmember Moore if there had not been any other name suggestions. Councilmember Everett said
the Council should keep in mind the possibility of same name streets in the city and in the county.
After determining there would be no name conflict in this respect, it was the consensus of the Council
that Landry Drive be changed to Shady Oaks Lane. On another name change suggestion, Mr. Sonny
Buckhalter addressed the Council and requested the name of Montrose Street be changed to Buckhalter
Way. Vice Mayor Scott told Mr. Buckhalter she had already brought this name change before the
Council and it had been accepted. Director of Public Works Barney Johnson had provided the Council
with a list of suggested street name changes by residents. After discussion, Councilmember Cook
made a motion that where there has been one recommendation and only one for a certain name change,
the City go with that name change; where the name is contested, the item be placed on the July 24,
2001, Council meeting agenda for discussion; and where there are multiple name suggestions for a
street, the lottery method be used to determine the name. Councilmember Everett seconded the motion
and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

Councilmember Everett commented there is no street sign on the road that runs along the Pizza Hut.
Mr. Johnson said a sign would be placed there.

AGENDA ITEM 5(F)…INTRODUCTION AND FIRST READING-ORDINANCE NO. 753

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA AMENDING SECTION 2.02 OF THE

CHARTER FOR THE CITY OF PERRY TO CHANGE THE DATES THAT CANDIDATES MUST
QUALIFY FOR ELECTION TO THE CITY COUNCIL, AMENDING SECTION 7.05 OF THE
CHARTER OF THE CITY OF PERRY TO CHANGE THE DATE OF ELECTION FOR THE
OFFICE OF CITY COUNCIL, AMENDING SECTION 10.03(B) TO ALTER THE TERMS OF
Page 7, July 10, 2001, City Council Meeting Minutes

SITTING COUNCIL MEMBERS TO PROVIDE FOR AN ORDERLY TRANSITION OF OFFICE

AS A RESULT OF THE AMENDMENTS TO SECTION 2.02 AND 7.05 OF THE CHARTER FOR
THE CITY OF PERRY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.

Councilmember Cook made a motion that Ordinance No. 753 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 Everett X
Mayor Frith ABSENT

The secretary read Ordinance No. 753 by title only. The Ordinance to be brought back for public
hearing and final reading on July 24, 2001.

AGENDA ITEM 5(G)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 751

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA RELATING TO INCREASING THE

LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING
FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR
NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.

Councilmember Cook made a motion that Ordinance No. 751 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 Everett X
Mayor Frith ABSENT

The secretary read Ordinance No. 751 by title only. Vice Mayor Scott opened the public hearing.
There was no one from the public to speak for or against this ordinance and after a brief review,
Councilmember Cook made a motion to reject Ordinance No. 751 and vote not to increase the local
communications services tax rate. The motion was seconded by Councilmember Everett and upon roll
call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 5(H)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 752

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA RELATING TO REQUIRING AND

COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND
INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT;
PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES: PROVIDING
FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING
FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
Page 8, July 10, 2001, City Council Meeting Minutes

Councilmember Cook made a motion that Ordinance No. 752 be read by title only. The motion was
seconded by Councilmember Everett and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

The secretary read Ordinance No. 752 by title only. Vice Mayor Scott opened the public hearing on
this ordinance. Billy LaValle, Director of Finance, explained that this ordinance, if adopted, would
allow the City to forego collecting a permit fee and to accept a .12% increase in the City’s conversion
rates. Mr. LaValle further explained that with the new communications services tax, the state
legislature did away with the City’s ability to charge a telephone franchise fee, which in prior years
generated approximately $9,000 revenue per year. Mr. LaValle said if Ordinance No. 752 were not
adopted, budgeted revenue for next year would have to be reduced by the $9,000. Councilmember
Everett asked the cost to citizens who live and pay taxes in the city if this ordinance were to be
adopted. Mr. LaValle explained this would basically amount to .0012 times the customer phone bill
(example: If phone bill is $100.00, the cost increase would be 12 cents).

Councilmember Cook said as he reads the ordinance, if the City does not adopt the ordinance revenue
would be reduced by approximately $9,000, but if the ordinance is adopted the City would maintain at
a status quo. Mr. LaValle stated that was correct. Councilmember Cook then made a motion to adopt
Ordinance No. 752. 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 Everett X
Mayor Frith ABSENT

AGENDA IEM 5(I)…RESOLUTION NO. 2001-8

A RESOLUTION AMENDING THE RECOMMENDED FIVE-YEAR CAPITAL IMPROVEMENTS

PROGRAM FOR FISCAL YEARS 2001-2006 TO ADD CONSTRUCTION OF TWO (2)
BASEBALL FIELDS AT LOUGHRIDGE PARK.

City Manager Bill Brynes told the Council this resolution is required to amend the Five-Year Capital
Improvements Program for the inclusion of the construction of two baseball fields at Loughridge Park.

Councilmember Cook made a motion to adopt Resolution No. 2001-8. 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 Everett X
Mayor Frith ABSENT
Page 9, July 10, 2001, City Council Meeting Minutes

AGENDA IEM 5(J)…CITY COUNCIL TO DISCUSS BENEFIT OPTION FOR MUNICPAL

ELECTED OFFICIALS.

City Manager Bill Brynes briefly reviewed a memo from the Florida League of Cities concerning a
retirement benefit option for elected officials. Mr. Brynes said, at this time, he does not know the net
effect for the city. Mr. Brynes said the 1.62% to 3% benefit would be based on what the city
contributes for Councilmembers. Councilmember Cook questioned the net cash effect to the citizens.
After a quick calculation, it was noted that amount could be approximately $1,800.00 per year.
Councilmember Cook made a motion that the Council not take action to increase the (retirement)
benefit option for elected officials. Councilmember Everett seconded the motion and upon roll call
vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

Vice Mayor Scott said her vote reflects that she disagrees in light of the fact that City Council members
are paid far less than other elected officials.

AGENDA ITEM (6)…CITY MANAGER.

Mr. Brynes said Florida Power has informed the City a street light at the corner of El Camino and El
Rancho has been put out so many times they will no longer repair it unless the City is willing to pay
the expense to repair it each time. After a brief discussion, it was the consensus of the Council that the
light not be repaired until residents come forward and report those causing the vandalism.

AGENDA ITEM (7)…DEPARTMENT HEADS.

Regarding the Council’s approval to install 4-way stop signs at Washington and Leon streets, Mr.
Johnson said garbage bags would be placed over the signs for a period of time to let motorists get used
to them.

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Referring to earlier discussion of city park improvements, Councilmember Everett said he would like
to see gates installed where missing and some type of material placed at “fall” surfaces of the
playground area to lessen the city’s exposure to liability. Mr. Brynes asked the Council if fencing
should be made higher than the standard four feet. Councilmember agreed that the four-feet fence
would be sufficient but did want gates installed.

Councilmember Everett said he had received a call about an abandoned house on 115 Magnolia Road
and the individual had asked that something be done about it. Councilmember Everett said he is aware
Page 10, July 10, 2001, City Council Meeting Minutes

there is a city ordinance pertaining to the clean-up process of such properties. Councilmember Everett
said he would ask at this time that the property owner be sent a “weed” letter to clean up the property.
Councilmember Everett said he feels the vandalism aspect should be addressed through the City police
department.

Vice Mayor Scott asked in what order the street striping would be done. Director of Public Works
Barney Johnson said the main streets have been finished and the contractor should be back this week to
do Warner, Martin Luther King and others.

Mr. Brynes said there has been some citizen concern that the city is building a road behind where the
new hospital is to be built. Mr. Brynes said the city is not building a road but is moving a gas line that
will go down that area.

AGENDA ITEM (9)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:45 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date