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    CITY COUNCIL MEETING

    MINUTES

    REGULAR SESSION

    224 S. Jefferson StreetPerry, Florida

    February 26, 2002

    MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Pam Feagle, Doug Everett

    STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle and AnnetteAnderson

    Mayor Frith called the meeting to order and led those attending the meeting in prayer. Mayor Frith ledthe group in the Pledge of Allegiance to the Flag. The secretary then called the roll.

    PRESENT ABSENT

    Councilmember Feagle X

    Councilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM (3)PRESENTATION OF CERTIFICATE(S) OF APPRECIATION TO CITYEMPLOYEE(S) FOR YEARS OF SERVICE.

    The employee was not in attendance.

    AGENDA ITEM (4)APPROVAL OF PREVIOUS MINUTES: February 12, 2002; Regular Session.

    Councilmember Feagle noted that on page 10 of the minutes a correction regarding the date of the next

    Council meeting needed to be made. Councilmember Everett then made a motion to adopt the minutes

    of February 12, 2002, Regular Session with the correction; seconded by Councilmember Feagle

    and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott X

    Councilmember Everett XMayor Frith X

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

    Ms. Rosilyn Spencer King, representing the Taylor County High School Track Team, addressed the

    Council to request approval of a solicitation permit to solicit funds on March 7 and 8, 2002. After

    noting the individuals would be soliciting at the intersection of S. Jefferson Street and Highway 27,

    Chief of Police Wayne Putnal said he did not see a problem. Councilmember Alexander made a

    motion to approve the request for a solicitation permit; seconded by Councilmember Everett and upon

    roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

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    Page 2, February 26, 2002, Council Minutes-Regular Session

    AGENDA ITEM 6(A)RESOLUTION NO. 2002-02; A RESOLUTION OF THE CITY COUNCILAMENDING THE RECREATION BUDGET OF THE CITY OF PERRY, FLORIDA, FOR THEFISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2002.

    City Manager Bill Brynes told the Council this is for the work done at the City Park and Jerkins Park.

    Councilmember Everett asked about the difference in cost. Mr. Brynes explained the cost of area of

    one park went down but there was the cost of the poles to install the fence.

    Councilmember Scott made a motion to adopt Resolution No. 2002-02. The motion was seconded by

    Councilmember Everett and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM 6(B) RESOLUTION NO. 2002-03; A RESOLUTION OF THE CITY COUNCILAMENDING THE GAS UTILITY BUDGET OF THE CITY OF PERRY, FLORIDA, FOR THEFISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2002.

    Mr. Brynes said this reflects the cost of materials to reroute 2,560 ft. of gas line between Main Street

    and Woods Creek Road. Councilmember Everett made a motion to adopt Resolution No. 2002-02. The

    motion was seconded by Councilmember Scott and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM 6(C) RESOLUTION NO. 2002-04; A RESOLUTION OF THE CITY COUNCILAMENDING THE GAS UTILITY BUDGET OF THE CITY OF PERRY, FLORIDA, FOR THEFISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2002.

    Mr. Brynes said this would provide gas services to the new Taylor County Elementary School and if

    for materials cost. Councilmember Alexander made a motion to adopt Resolution No. 2002-04;

    seconded by Councilmember Scott and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

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    Page 3, February 12, 2002, Council Minutes-Regular Session

    AGENDA ITEM 6(D) RESOLUTION NO. 2002-05; A RESOLUTION OF THE CITY COUNCILAMENDING THE GAS UTILITY BUDGET OF THE CITY OF PERRY, FLORIDA, FOR THEFISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2002.

    Mr. Brynes said this would provide gas services to the new hospital (Doctors Memorial Hospital).

    Councilmember Everett made a motion to adopt Resolution No. 2002-05. The motion was seconded

    by Councilmember Alexander and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett X

    Mayor Frith X

    Councilmember Everett suggested the Council might wish to discuss Agenda Item 6(f) at this time,

    since there were a number of city employees present, presumably in regard to Agenda Item 6(F). It

    was the consensus of the Council to deviate from the agenda to address Item 6(F) at this time.

    AGENDA ITEM 6(F)CITY COUNCIL AND STAFF TO DISCUSS EMPLOYEE SUGGESTIONS.

    Mayor Frith said some of the suggestions could be discussed this meeting and some might need to be

    discussed at a workshop meeting. Mayor Frith said some employees said they were concerned they

    might be losing some of their sick leave time, vacation and holidays. Mayor Frith said he recalls some

    mention (at the last Council meeting) that with some businesses, this was handled differently than what

    the City does and said might want to look into this.

    One employee addressed the Council regarding what he said was a statement made by Councilmember

    Feagle that the days employees get at Doctors Memorial Hospital. Councilmember Feagle said there

    was a brief discussion on paid time off, but there was no discussion and no reference to the hospital

    and no suggestions made. The employee questioned that there was no suggestion made about sick

    leave time and holidays. Mayor Frith and Councilmembers reviewed the minutes of the last meeting

    for reference to this discussion. Mayor Frith noted the minutes reflected discussion about sick leave

    and holidays off and noted several suggestions would have to be a decision of the Council. Mayor

    Frith said the minutes reflected that Councilmember Feagle did say something about employees

    retiring getting a gift.

    Councilmember Feagle said the Council was talking about different options and that someorganizations use paid days off. Councilmember Feagle said this was just added to the conversation

    that this could be a possibility and that it was not a suggestion. Fire Department employee Jimmy

    Smith spoke about accrual of sick leave time and asked that employees be allowed to build their sick

    time beyond the current accrual of 960 hours, but keep the current policy of paying out only half of the

    960 hours if an employee retires without using that time. Firefighter Smith said the time would help an

    employee and family should the employee have a prolonged illness/recovery. Councilmember Feagle

    said with paid time off (you) still have sick days to usea sick bank. Councilmember Everett asked

    Page 4, February 26, 2002, Council Minutes-Regular Session

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    if it was the current policy of the City to buy back sick time. Mr. Brynes said the City currently buys

    back sick time up to 60 days. Mayor Frith said employees could accrue 960 hours, noting fire

    department employees can accrue 1440 hours.

    Councilmember Feagle said to the employees she feels like an ambassador for the city employees and

    that she was sorry if they misunderstood. Councilmember Feagle told the employees she was their

    friend.

    Fire department employees also asked the Council to consider raising their retirement benefits from 2.5

    to 3 percent, as the police department had done. Mr. Brynes explained that because of the size of the

    police department retirement account, the half percent increase did not increase the amount the City

    contributes, but increasing the fire department benefits would cost the City. One firefighter noted that

    the police department has high turnovers whereas the fire department does not and pays out to several

    retirees. There was discussion of having an actuarial study done to determine what the cost to the City

    might be. Firefighter Jimmy Smith, who serves on the pension board, said he would contact the

    investment company Foster & Foster to see about getting an actuarial study done.

    Mayor Frith said the City has a personnel policy adopted by the Council and the City Manager cannot

    arbitrarily change it. Mayor Frith said it would have to come before the Council for any change.

    Councilmember Everett said in hearing concerns of employees this night, there appears to be a

    misunderstanding. Councilmember Everett said if the Council attempted to change the policy, it would

    be prudent to notify the city employees about any changes. Councilmember Everett said, at this time,

    there is no change for policy.

    Firefighter Smith also requested the Council look at high-risk retirement for firefighters. Another

    employee complained about the cap on salaries, saying he did not receive the full 10 percent pay raise

    when promoted to a higher position because it would exceed the cap at his level o pay. Mr. Brynessaid those employees capped still received the percentage increase, as did other employees. Several

    employees expressed disagreement. Mayor Frith told the employees the Council would not make a

    policy change without first notifying them of a meeting to give then an opportunity to comment Most

    of the employees then left the meeting. One of the employee suggestions was to have three (3)

    additional holidays (Veterans Day, Good Friday and Columbus Day). It was the consensus of the

    Council not to add any additional holidays. The Council took no action on any of the suggestions

    listed for discussion.

    AGENDA ITEM 6(E)CITY COUNCIL AND STAFF TO DISCUSS JANUARY 2002 FINANCIALSTATEMENTS.

    Councilmember Feagle began by commenting on the revenue versus the expenditures.

    Councilmember Feagle said, in some cases, revenues look like they will exceed what was budgeted for

    and in other areas, the expenses look like they are above what was budgeted for. Councilmember

    Feagle said she was really concerned about the Citys revenues right now. Councilmember Feagle

    mentioned that some transfers had not yet been made. Councilmember Feagle said, instead ofPage 5, February 26, 2002, Council Minutes-Regular Session

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    spending hours going through these items, she would suggest the Council and staff have a budget

    workshop. Councilmember Feagle also suggested the City Manager do a year-end projection to tell

    where the City is, where going and where will be at the end of the year, so (Council) can decide what it

    needs to do. Councilmember Everett said he thought the suggestion of a workshop was good.

    Continuing discussion, Councilmember Feagle asked why transfers had not occurred. Mr. Brynes

    answered that transfers have not had to be made yet. Councilmember Scott asked if transfers were

    only made when the need arose. Mr. Brynes answered yes. It was the consensus of the Council to

    have a workshop on Tuesday, March 5, 2002, at 6:00 p. m.

    AGENDA ITEM 6(G)PUBLIC HEARING AND FINAL READING-ORDIANNCE NO. 756

    AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING ORDINANCE NO. 709 TOPROSPECTIVELY REDUCE THE BENEFIT ACCURAL RATE FROM 3% TO 2.32%; REPEALINGALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.

    Councilmember Scott made a motion that Ordinance No. 756 be read by title only. The motion was

    seconded by Councilmember Alexander and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott X

    Councilmember Everett XMayor Frith X

    The secretary read Ordinance No. 756 by title only. Mayor Frith opened the public hearing. There was

    no one to speak for or against Ordinance No. 756. Councilmember Everett made a motion to adopt

    Ordinance No. 756. The motion was seconded by Councilmember Scott and upon roll call vote was as

    follow:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM 6(H)PUBLIC HEARING AND FINAL READING ORDINANCE NO. 757

    AN ORDINANCE OF THE CITY OF PERRY, FLORIDA AMENDING AND RESTATING THECITY OF PERRY MUNICIPAL POLICE OFFICERS RETIREMENT TRUST FUND TOESTABLISH A LOCAL LAW PENSION PLAN; PROVIDING FOR DEFINITIONS; PROVIDINGFOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES; PROVDING FOR FINANCESAND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FORBENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE-RETIREMENT DEATHBENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OFBENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FORBENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THEDIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR AMAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEEFITS;PROVIDING MISCELLANEOUS PROVSIONS; PROVIDING FOR EXEMPTION FROMEXECUTION AND NON-ASSIGNABILITY; PROVIDING FOR PENISON VALIDTY;

    Page 6, February 26, 2002, Council Minutes-Regular Session

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    PROVIDNG FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES;PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING ORFRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OFCLAIMS; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTION.

    PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR ABSENCES PURSUANT TOTHE FAMILY AND MEDICAL LEAVE ACT; PROVIDING FOR THE PURCHASE OF CREDITEDSERVICE FOR PRIOR POLICE SERVICES; PROVIDING FOR DEFERRED RETIREMENTOPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OFPROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDINGAN EFFECTIVE DATE.

    Councilmember Everett made a motion that Ordinance No. 757 be read by title only; seconded by

    Councilmember Alexander and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    The secretary read Ordinance No. 757 by title only. Mayor Frith opened the public hearing. There was

    no one to speak for or against Ordinance No. 757. Councilmember Scott made a motion to adopt

    Ordinance No. 757; seconded by Councilmember Alexander and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM 6(I)RESOLUTION NO. 2002-06; A RESOLUTION OF THE CITY COUNCILOF THE CITY OF PERRY, FLORIDA, OPPOSING CHANGING ANY CURRENT SCALLOPINGREGULATIONS.

    Mr. Brynes explained this is the issue Buddy Humphries, Taylor County Development Authority,

    addressed the Council about at the last Council meeting. Councilmember Feagle made a motion to

    adopt Resolution No. 2002-06; seconded by Councilmember Alexander and upon roll call vote was as

    follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

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    Page 7, February 26, 2002, Council Minutes-Regular Session

    AGENDA ITEM 6(J)CITY COUNCIL TO APPROVE THIRD JUDICIAL MUTUAL AIDAGREEMENT.

    Mr. Brynes explained this is the standard agreement approved each year. Councilmember Feagle made

    a motion to approve the Third Judicial Mutual Aid Agreement. The motion was seconded by

    Councilmember Everett and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM 6(K)CITY COUNCIL TO APPROVE APPOINTMENT OF CITY MANAGERAND PUBLIC WORKS DIRECTOR AS MEMBER REPRESENTATIVES IN REGARD TO THEFLORIDA GAS UTILITY ALL REQUIREMENTS GAS SERVICES AGREEMENT).RESOLUTION NO. 2001-26).

    Mr. Brynes explained this was a part of the document agreement approved by the Council at an earlier

    meeting. Mr. Brynes said Florida Gas Utility has requested that for the member representatives a

    position rather than a name be part of the agreement. Councilmember Alexander made a motion to

    approve the appointment of City Manager and Public Works Director as member representatives in

    regard to the Florida Gas Utility All Requirements Gas Services Agreement. The motion was

    seconded by Councilmember Everett and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

    AGENDA ITEM (7)CITY MANAGER.

    In reference to the fish fry for Suwannee River Water Management District (SRWMD), (Mr. Brynes

    said SRWMD would set the schedule and set the date for the event.

    Mr. Brynes informed the Council the city pool does not meet the standards for swim

    teams/tournaments. Mr. Brynes said the local swim team and the Boys and Girls Club want the City to

    go to the deep end and convert it for starting blocks. Mr. Brynes said this would mean removing the

    diving board and busting up the concrete. Councilmember Feagle asked the cost for doing this. Mr.

    Brynes said he did not know. Councilmember Feagle said if the cost were to be very much the City

    does not need to spend the money on doing this.

    AGENDA ITEM (8)DEPARTMENT HEADS.

    Director of Community Development Billy LaValle told the Council the Citys Construction Industry

    Licensing Board would meet March 7 to discuss clarifications on chapters that deal with construction

    industry licensing boards.

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    Page 8, February 26, 2002, Council Minutes-Regular Session

    Councilmember Scott asked about the cost for the computer Mr. LaValle was to check on for the

    Community Development Department. Mr. LaValle said, after reviewing the options, the City can

    purchase the loaner computer for $200.00. Mr. Brynes explained the computer is not a whole system

    but instead is composed of parts from the old computer and some new parts.

    AGENDA ITEM (9)CITY COUNCIL REQUESTS.

    Councilmember Everett commented on a letter received from a local automobile dealership that

    expressed concern about how the bid for police vehicles had been awarded recently. Councilmember

    Everett noted the City expressly reserves the right to reject any or all bids. Councilmember

    Everett said maybe the bid invitation did not provide enough information as to certain specifications,referring to the amount of trunk space needed. Councilmember Everett said, he wants whatever the

    City does, especially to local businesses, be as business friendly and that the specifications are

    friendly as can be. Councilmember Everett said he is always concerned, especially concerning local

    businesses. Chief Putnal said it was the same bid (specifications) as the state contract. When

    Councilmember Feagle asked if other departments do not buy the these vehicles because they do not

    have enough space, Chief Putnal said bigger cities could get by with the smaller vehicles because the

    officers usually do not have to carry as much equipment.

    Councilmember Everett noted a letter received by another local business regarding a recent bid

    invitation. Councilmember Everett said anytime he hears from a local business, he will bring the issue

    before the Council because it needs to be addressed.

    Councilmember Scott informed the Council that former U. S. Attorney General and Democratic

    candidate for Governor, Janet Reno, would be stopping briefly in Perry on Thursday, February 28,

    2002.

    Councilmember Feagle asked Mr. Brynes if he had contacted the Boys and Girls Club or Kiwanis

    regarding improvements discussed for the Veterans Park. Mr. Brynes said he had not yet contacted

    these organizations.

    Councilmember Feagle requested that the individual who requested his deceased brother name not be

    used to name a certain street be contacted about the status of his request, if this had not already been

    done. Director of Public Works Barney Johnson told the Council originally he thought the new school

    might be using this street as an entrance, but that the school is not going to use the street as an

    entrance.

    Referring to a feasibility study to be done for the Citys Wastewater project, Councilmember Feagle

    asked if the City Manager could get a copy of the feasibility study done by William M. Bishop

    Consulting Engineers, Inc., for the City of Quincy. Mr. Brynes noted that study was for water.

    Councilmember said she wants to compare the two documents and see how much work went into it.

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    Page 9, February 26, 2002, Council Minutes-Regular Session

    Councilmember Feagle said she received a call back from the railroad regarding the fees to be charged

    to the city for running a line under a railroad crossing for the Main Street storm water project.

    Councilmember Feagle said the railroad will reduce the $750.00 fee to $350.00 and the $550.00 fee to

    $250.00, but would not reduce the $250.00 fee or lump sum amount of $5,000.00. Councilmember

    Feagle said it might be a good idea if some other Councilmembers contact the railroad and see if they

    will reduce the annual license fee. Mr. Brynes explained that the City would be actually paying for an

    easement across their property. Mr. Brynes said the City should pay the $250.000 now so the project

    can proceed. Mr. Brynes said something else may or may not happen in the future (reducing fees).

    Mr. Brynes asked Councilmember Feagle if the railroad had told her the rest of the story that they want

    the City to maintain their right-of-way. Mr. Brynes said the City already does this.

    AGENDA ITEM (10)ADJOURNMENT.

    There being no further business to come before the City Council at this time, the meeting was

    adjourned at approximately 7:35 p. m.

    ATTEST:

    _______________________________ _________________________________William E. Brynes, City Manager Richard D. Frith, Mayor

    Recorded in Official Minute Book:

    ___________________________ _________________________________ Annette Anderson, Secretary Date