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CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
October 26, 2004

MEMBERS PRESENT: Pam Feagle, Doug Everett, Sylvester Harris, Alphonso Dowdell, Emily
Weed Ketring

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, Rodney Lytle, Sarah
Drawdy and Annette Anderson

Mayor Feagle called the meeting to order at 5:00 p. m. Councilmember Ketring led those attending the
meeting in prayer. Mayor Feagle led the group in the Pledge of Allegiance to the Flag. The secretary
called the roll.
PRESENT ABSENT
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES.

After a brief review of the minutes, Councilmember Everett made a motion to adopt the minutes of
October 12, 2004, Regular Session as written; seconded by Councilmember Harris and upon roll call
vote was as follows:
YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

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

Mr. Glenn Smith, 1219 N. Cherry Street, addressed the Council questioning inspection of an awning at
Past-Time Billiards. Director of Community Development Billy LaValle said the awning had been
inspected several months ago and was repaired. Mr. LaValle said the awing did not present a danger.

Regarding such concerns, Mr. Smith asked if a complaint case number is assigned by city staff and
signed off on by staff. Mr. LaValle answered no. Mayor Feagle asked Mr. Smith if he was requesting
that someone from the City look at this awning again and make an inspection. Mr. Smith answered
yes. Mayor Feagle told Mr. Smith City staff would look at this concern again and follow up with
findings on it.

Councilmember Everett suggested when responding to citizen concerns/complaints, city staff should
document the concern/complaint and follow up with what was done. Councilmembers all agreed this
was a good idea.
Page 2, October 26, 2004, Council Minutes-Regular Session

AGENDA ITEM 5(A)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 793

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


TEN OR LESS ACRES OF LAND TO THE FUTURE LAND USE PLAN MAP OF THE CITY OF
PERRY COMPREHENSIVE PLAN, PURSUANT TO AN APPLICATION BY THE PROPERTY
OWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN
SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING FOR A CHANGE
IN LAND USE CLASSIFICATION FROM INDUSTRIAL TO COMMERCIAL OF CERTAIN
LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF PERRY, FLORIDA; PROVIDING
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.

Councilmember Ketring made a motion that Ordinance No. 793 be read by title only. The motion was
seconded by Councilmember Dowdell and upon roll call vote was as follows:

YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

The secretary read Ordinance No. 793 by title only. Mayor Feagle opened the public hearing. There
was no one to speak for or against this ordinance. Councilmember Ketring made a motion to adopt
Ordinance No. 793. The motion was seconded by Councilmember Everett and upon roll call vote was
as follows:
YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

AGENDA ITEM 5(B)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 794

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


LESS THAN TEN CONTIGUOUS ACRES OF LAND, PURSUANT TO AN APPLICATION BY
THE PROPERTY OWNER OF SAID ACREAGE; AMENDING THE OFFICIAL ZONING ATLAS
OF THE CITY OF PERRY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR
REZONING FROM COMMERCIAL GENERAL (CG) TO COMMERCIAL INTENSIVE (CI), AND
FROM INDUSTRIAL, LIGHT AND WAREHOUSING (ILW) TO COMMERCIAL INTENSIVE (CI)
OF CERTAIN LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF PERRY, FLORIDA,
PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.

Councilmember Everett made a motion that Ordinance No. 794 be read by title only. The motion was
seconded by Councilmember Ketring and upon roll call vote was as follows:
YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X
Page 3, October 26, 2004, Council Minutes – Regular Session

The secretary read Ordinance No. 794 by title only. Mayor Feagle opened the public hearing. There
was no one to speak for or against this ordinance. Councilmember Harris made a motion to adopt
Ordinance No. 794. The motion was seconded by Councilmember Ketring and upon roll call vote was
as follows:
YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

AGENDA ITEM 5(C)…CITY COUNCIL TO AUTHORIZE MAYOR TO SIGN DISASTER RELIEF


FUNDING AGREEMENT RELATED TO HURRICANE FRANCES.

City Manager Bill Brynes told the Council this documentation is required for reimbursement for
cleanup costs specifically related only to Hurricane Frances. Councilmember Everett made a motion
to authorize the Mayor to sign the Disaster Relief Funding Agreement. Councilmember Harris
seconded the motion and upon roll call vote was as follows:
YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

AGENDA ITEM 5(D)…CITY COUNCIL TO REAPPOINT TREE BOARD MEMBERS MAE JEAN
HOLTON, HENRY DAVIS AND FRANKYE SERMONS TO ANOTHER TERM.

Director of Community Development Billy LaValle acknowledged that these members had all agreed
to serve another term on the City’s Tree Board. Citizen Jenny Miller asked the purpose of the Tree
Board. It was explained that the Tree Board oversees the planting, removal, etc., of trees, shrubs, and
bushes on City right-of-way.

AGENDA ITEM (6)…CITY MANAGER.

Mr. Brynes said he had received a request that signs be placed in City Parks that prohibit tobacco and
alcohol products in the parks. Mr. Brynes said an ordinance would probably be needed if this were to
be done. Mr. Brynes said signs relating to prohibiting alcohol are already in the parks, but not tobacco
products. Ms. June Byers, attorney, told the Council if smoking in city parks is to be prohibited, the
City would need an ordinance to this effect.

Mayor Feagle asked the Council’s opinion, saying her own is that it might be a good idea, but she had
concerns about the expense of writing an ordinance and enforcement of such an ordinance. After a
brief discussion, it was the consensus of the Council that the City not adopt an ordinance prohibiting
tobacco products in city parks.
Page 4, October 26, 2004, Council Minutes – Regular Session

AGENDA ITEM (7)…DEPARTMENT HEADS.

Director of Public Works Barney Johnson told the Council he had received a request for speed bumps
on Page Street. Councilmember Ketring asked if there was a lot of traffic on this street. Mr. Johnson
said the person making the request said there was a lot of traffic and kids in the area. Mr. Johnson said
the City had already installed signs that said, “Slow – Children.”

Councilmember Everett said he was told the afternoon traffic is heavy and speed limit signs have no
effect. Councilmember Everett said he told the individual the City is not in the practice of installing
speed bumps due to maintenance and other concerns, but that he would discuss this request with other
members of the Council. Councilmember Everett said he didn’t know if speed bumps would be a good
idea and suggested the police department’s speed wagon be used in the area and the individual be
informed this area is being monitored for speed.

Mr. Johnson said he had received a request from a council member that speed bumps be installed in the
housing project on Warner Street. Mr. Johnson told the Council stop signs have been put up to try to
help deter speeding. Mayor Feagle asked if the City had done everything it could do to deter speeding
in this area. Councilmember Dowdell said he lives in this area and sees this (problem) every day.
Councilmember Harris agreed. Mayor Feagle commented that since everything else had been done
and this is a heavily traveled street, the Council might consider having speed bumps installed as
requested. It was the consensus of the Council that the City installs speed bumps on Warner Street, one
at each end of the park and going all the way across the street.

Councilmember Ketring asked if the Council would want to set certain criteria on installation of speed
bumps. Mayor Feagle questioned how criteria could be set and suggested when speed concerns are
received police officers could patrol the area, speed signs could be posted and the speed wagon set out.
Mayor Feagle suggested the Council could review these concerns case by case.

Mr. Johnson told the Council he received a request for a street light at 116 Joann Street and the location
meets the City’s criteria for a streetlight. It was the consensus of the Council that the City installs the
street light at this location.

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Councilmember Everett spoke about a sign for naming the city park on Saxon Street. After a brief
discussion, it was the consensus of the Council that the sign read "Dreamland City Kiddie Park” with
“12 years and under must be supervised.”

Councilmember Everett said he had talked with Waymon Carroll about a strip of land he owns adjacent
to the park. Councilmember Everett said Mr. Carroll told him if the City wants to clean off this strip of
land at the City’s expense for a pull-off area, it could do so as long as the City maintains that strip of
property. Mr. Barney Johnson said he had talked with Mr. Carroll just before this meeting and Mr.
Carroll told him the City could use the strip of land if it also maintained everything inside the
Page 5, October 26, 2004, Council Minutes – Regular Session

fenced area. Councilmember Everett said this is not what Mr. Carroll had told him. Mayor Feagle
suggested written clarification be obtained by Mr. Carroll. There was discussion about the type of
debris that might have to be cleared off the property, which might include old automobiles, auto parts,
etc.

Attorney June Byers questioned the City accepting liability and responsibility for clearing this area and
hauling off debris from private property. Ms. Byers cautioned the Council saying this could set a
precedent. Councilmember Everett commented the City would be getting use of this strip of property
for the cleanup of that strip of land. Councilmember Everett said this had been discussed with Mr.
Carroll from the beginning that the City could use that strip of land as long as the City cleared it off
and maintained it.

Mayor Feagle asked attorney June Byers her professional opinion and advice to the Council on this
matter. Ms. Byers said it was her understanding in earlier discussion that there were only a few tress
and grass to be cleared but now she is hearing there might be other debris and said this could present
environmental issues also. Ms. Byers again cautioned the Council about possibly setting a precedent.

When Mayor Feagle asked about doing an inventory on the type of debris that might be on the
property, Mr. Johnson said this could not be done without clearing the property. Councilmember
Everett said an assumption is being made that just because there is an auto junk yard next door that this
property is also a junkyard. Concluding discussion, Councilmember Everett made a motion that the
City clear off that strip of land discussed for a pull-off area for the Dreamland City Kiddie Park and get
a written clarification from Mr. Carroll regarding use of his property for this purpose. Councilmember
Dowdell seconded the motion and upon roll call vote was as follows:
YEA NAY
Councilmember Harris X
Councilmember Dowdell X
Councilmember Ketring X
Councilmember Everett X
Mayor Feagle X

Councilmember Ketring reviewed a memo from the city manager regarding handicap accessible
sidewalks. Councilmembers were in agreement the City prioritize the heavier traffic areas and
identify the locations of the sidewalks to be made handicap accessible and spend monies out of the
city’s cash reserves, if needed, to install these sidewalks.

Councilmember Ketring asked for an update on cleanup of property on Cedar Street. Mr. Brynes said
the trash had been picked up but the property had not been completely cleaned up because there is a lot
of cleanup needed. Mr. Brynes said the property is on the list to be done.

Mayor Feagle commended Mr. LaValle and Mr. Johnson for their follow up memos on items discussed
and requested by the Council. Mr. Brynes said there are a lot of projects currently ongoing in the city
and he could provide the Council with a monthly update as to the status of these projects.
Page 6, October 26, 2004, Council Minutes – Regular Session

Mayor Feagle complimented the public works department for a quick and good clean up of the streets
after the Florida Forest Festival parade.

Mayor Feagle asked about hand-held radios for the school crossing guards. Councilmember Ketring
said she should have some information by the next Council meeting.

Mayor Feagle reminded the Council of a special meeting Thursday, November 4, 2004 at 5:30 p. m. to
discuss city recreation programs.

Referring to certain downtown property discussed for possible additional parking, Mayor Feagle asked
if this property owned by Mr. Jackson was listed with a realtor. Councilmember Ketring made
reference to a memo from Mr. Brynes that said the purchase of this property was now in the city
attorney’s hands. Councilmember Ketring said she spoke with the city attorney and he was not aware
that he was supposed to be negotiating the purchase. Councilmember Ketring said the purchase should
be negotiated. Councilmember Everett said it was his understanding some meetings ago that the city
manager was to negotiate the purchase of this property. Mayor Feagle said this was not her
recollection at all. Mayor Feagle said her recollection of discussion was about the price of $45,000
being high and whether additional downtown parking spaces were really needed, noting she had been
opposed. Mayor Feagle said citizens had expressed to her they didn’t think the City needed this
parking lot as it was a waste of taxpayer’s money for only 11 or 12 parking spaces. Mayor Feagle said
unless this purchase is already a “done deal” she would like to have further discussion on it at a future
Council meeting.

AGENDA ITEM (9)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 5:55 p. m.

ATTEST:

_______________________________ _________________________________
William E. Brynes, City Manager Pam Feagle, Mayor

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date

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