27aug02 min

8/14/2019 27AUG02 MIN

1/10

CITY COUNCIL MEETING

MINUTES

REGULAR SESSION224 S. Jefferson Street

Perry, Florida

August 27, 2002

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

MEMBER ABSENT: William Alexander

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

Mayor Frith called the meeting to order. City Attorney Bill Blue led those attending the meeting in

prayer. Mayor Frith led the group in the Pledge of Allegiance to the Flag. The secretary then called

the roll.

PRESENT ABSENT

Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith X

Mayor Frith noted that Councilmember Alexander had surgery and was unable to attend the meeting.

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

Mayor Frith noted city employee Danny Willis had twenty-five years of service with the City.

AGENDA ITEM (4)APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Feagle made a motion to adopt the minutes of

August 13, 2002, Regular Session as written; seconded by Councilmember Scott and upon roll call

vote was as follows:

YEA NAY

Councilmember Feagle XCouncilmember Alexander ABSENTCouncilmember Scott XCouncilmember Everett XMayor Frith X

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

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

AGENDA ITEM 6(A)DAWN TAYLOR, KEEP TAYLOR COUNTY BEAUTIFUL, TO ADDRESSCITY COUNCIL TO REQUEST PERMISSION TO INSTALL A FLAG POLE AND LIGHT AT THECITY PARK.

Ms. Taylor asked the Councils permission to place a flagpole and light at the City Park. Ms. Taylor

said the organization would incur all costs of replacing the flag when necessary, lights and

8/14/2019 27AUG02 MIN

2/10

Page 2, August 27, 2002, Council Minutes Regular Session

maintenance. Councilmember Scott made a motion that the Keep Taylor County Beautiful

organization be allowed to install a flagpole and light at the City Park. The motion was seconded by

Councilmember Feagle and upon roll call vote was as follows:

YEA NAY


AGENDA ITEM 6(B)CITY OF PERRY FY 2002 COMMUNITY DEVELOPMENT BLOCKGRANT APPLICATION.

Mayor Frith said this item would be brought back at a later date.

AGENDA ITEM 6(C)CITY COUNCIL TO CONSIDER APPROVAL OF AGREEMENTBETWEEN THE CITY AND THE NORTH CENTRAL FLORIDA REGIONAL PLANNINGCOUNCIL FOR LOCAL GOVERNMENT COMPREHENSIVE PLANNING SERVICES.

Mayor Frith commented this is the standard agreement between the Planning Council and the City for

services provided by the Planning Council. City Manager Bill Brynes said this is only used on an as-

needed basis. Councilmember Feagle asked if the amount (not to exceed 32,000) is the price it has

always been. Mayor Frith said the amount might have increased several hundred dollars.

Councilmember Feagle made a motion to approve the Agreement for Local Government

Comprehensive Planning Services. The motion was seconded by Councilmember Everett and upon

roll call vote was as follows:

YEA NAY


AGENDA ITEM 6(D)PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 761

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, RELATING TO AN AMENDMENT OFTEN OR LESS ACRES OF LAND TO THE FUTURE LAND USE PLAN MAP OF THE CITY OFPERRY COMPREHENSIVE PLAN, PURSUANT TO AN APPLICATION BY THE PROPERTYOWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED INSECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING FOR A CHANGEIN LAND USE CLASSIFICATION FROM RESIDENTIAL, MODERATE DENSITY (LESS THAN2 DWELLING UNITS PER ACRE) TO RESIDENTIAL, MODERATE DENSITY (LESS THAN OR

EQUAL TO 8 DWELLING UNITS PER ACRE) OF CERTAIN LANDS WITHIN THE CORPORATELIMITS OF THE CITY OF PERRY, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALLORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

8/14/2019 27AUG02 MIN

3/10


Councilmember Scott made a motion that Ordinance No. 761 be read by title only. The motion was

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

YEA NAY


The secretary read Ordinance No. 761 by title only. Mayor Frith opened the public hearing.

Councilmember Feagle asked if there had been any opposition heard against this. It was noted there

had been no opposition. There was no one else to speak for or against this ordinance. Councilmember

Everett made a motion to adopt Ordinance No. 761; seconded by Councilmember Feagle and upon roll

call vote was as follows:

YEA NAY


AGENDA ITEM 6(E)PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 762

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, RELATING TO THE REZONING OFLESS THAN TEN CONTIGUOUS ACRES OF LAND, PURSUANT TO AN APPLICATION BYTHE PROPERTY OWNER OF SAID ACREAGE; AMENDING THE OFFICIAL ZONING ATLASOF THE CITY OF PERRY LAND DEVELOPMENT REGULATIONS; PROVIDING FORREZONING FROM RESIDENTIAL, SINGLE FAMILY-1 (RSF-1) TO RESIDENTIAL OFFICE(RO), 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 Feagle made a motion that Ordinance No. 762 be read by title only; seconded byCouncilmember Scott and upon roll call vote was as follows:

YEA NAY


The secretary read Ordinance No. 762 by title only. Mayor Frith opened the public hearing. There was

no one to speak for or against the ordinance. Councilmember Feagle made a motion to adopt

Ordinance No. 762; seconded by Councilmember Scott and upon roll call vote was as follows:

YEA NAY


8/14/2019 27AUG02 MIN

4/10


AGENDA ITEM 6(F)PUBLIC HEARING AND FINAL READING ORDINANCE NO. 763

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, CREATING CHAPTER 28 OF THECODE OF ORDINANCES, ESTABLISHING ACCOUNTABILITY GUIDELINES FORRECIPIENTS OF CITY FUNDS, WHETHER BY CONTRACT, GRANT, OR OTHERWISE,REQUIRING RECIPIENTS OF CITY MONEY TO MAKE THEIR RECORDS AVAILABLE FORMUNICIPAL AND PUBLIC INSPECTION, PROVIDING FOR SEVERABILITY; REPEALING ALLORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.

Councilmember Everett made a motion that Ordinance No. 763 be read by title only. The motion was

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

YEA NAY


The secretary read Ordinance No. 763 by title only. Mayor Frith opened the public hearing. There

were a number of interested individuals to address the Council.

Individuals to address the Council included:Mr. Kevin Kidd, Boys and Girls Club Director. Mr. Kidd told the Council he had concerns about the

ordinance regarding security at the Boys and Girls Club. Mr. Kidd said if the ordinance becomes

effective, the Clubs financial records would have to be made available, but the Club would also have

to make available the names and numbers of the children enrolled. Mr. Kidd says he has no problem

regarding the financial records of the Club, but does have a problem with making public the names and

numbers of the children. Mayor Frith stated such security concerns would be made as an exception to

the ordinance. City Attorney Bill Blue concurred.

Mr. Kidd said, for non-profit organizations, rather than making records public, he would like the

Council to consider just putting in the ordinance making such records available to a city official (City

Manager or member of the Council). Mr. Kidd said he is not against accountability, but thinks the

Council should consider this option.

Mr. Greg Parker, local attorney. Mr. Parker told the Council he had been asked to address the Council

on behalf of the president of the Chamber of Commerce. Mr. Parker said he appreciates what the

Council is trying to do about accountability and responsibility of those who receive monies from the

City. Mr. Parker said he thinks some of the content is burdensome and is already addressed by state

law. Mr. Parker pointed out several areas of concern, but said he appreciates the removal of some of

the language previously drafted. Mr. Parker said he doesnt know why this should go beyond what is

already established by state law and he has a question as to whether this violates the home rule under

Florida Statutes 166. Mr. Parker said he asked City Attorney Bill Blue if there were any precedent for

this and he thinks Mr. Blues answer was no. Mr. Parker asked if the City of Perry is uniquewhy

8/14/2019 27AUG02 MIN

5/10


there is a need to do this. Mr. Parker said he would suggest this item be tabled or rejected. Mr. Parker

said further work needs to be done in the area of the personal exposure of members of board of

directors and pointed out some grammatical errors.

Mr. Mike Smith, local attorney. Mr. Smith said it is questionable whether the issue of accountability

should be addressed in the ordinance. Mr. Smith said this could be addressed in policy rather than an

ordinance. Mr. Smith said the ordinance has problems from the standpoint of whether it would pass

Constitutional muster. Mr. Smith said in the section pertaining to duties of board of directors, it is not

spelled out what greater standard of care should be. Mr. Smith suggested caution by the Council but

agreed accountability should be addressed.

John Sunderland, Civil Air Patrol. Mr. Sunderland said he doesnt understand how the ordinance

might apply to the Civil Air Patrol (CAP) concerning open meetings. Mr. Blue said there is nothing in

the ordinance that requires any of the recipients to have open meetings. Mr. Blue said it is only public

documents that are being addressed.

Don Lincoln, Perry Newspapers, Inc. Mr. Lincoln told the Council he doesnt think an ordinance is

needed. Mr. Lincoln said his suggestion would be to throw the ordinance in the garbage and follow the

policy that has always been followed. Mr. Lincoln said if an organization is not worthy dont give

them any money.

Dan Simmons. Mr. Simmons says he comes to address this issue as a private volunteer who serves on

local boards. Mr. Simmons said he commends the Council on their intent with the ordinance but he

had several questions. Mr. Simmons said, as a volunteer, he doesnt think he has the background as to

know when to ignore Florida law. Referring to section 28.2 (b) of the ordinance totality of the

factors Mr. Simmons said just tell the volunteers what to comply with and make it more specific

what volunteers are to do. Referring to Section 28.4 Public Records, Mr. Simmons spoke about

confidential records being exempt (as discussed earlier by Mr. Kevin Kidd). Other concerns of Mr.

Simmons included, private cause of action in section 28.10 (b) and prohibition and liabilities in

section 28.9 (b) and Section 28.11 Attorneys Fees as it refers to the prevailing party.

Mr. Simmons said he thinks volunteers would work with the city staff and attorney and sit down and

work out what things can be done and commit to the Council to come up with some good ideas

Mr. Don Asmus, resident and plant manager at Buckeye. Mr. Asmus had questions as to how this

might affect local businesses and referred to the sewer line expansion at United Welding as an

example.

Mayor Frith asked Mr. Blue to respond to some of the concerns. Mr. Blue said, as the Council knows,

the issue of recipients has been clarified as have other concerns been clarified after meeting with

members of the board of directors of Doctors Memorial Hospital and other organizations. Mr. Blue

8/14/2019 27AUG02 MIN

6/10


said a lot of issues have been addressed and incorporated into the draft ordinance. Mr. Blue said three

specific issues seem to come up. One being Private cause of action, personal liability on behalf of

individual members of board of directors, and identity of employees. Regarding personal liability

of members of boards, Mr. Blue said the entity, as opposed to an individual, could be made liable for

returning any monies. Mr. Blue said, with respect to the identity of employees, it was suggested that

the nature of the position and salaries could be disclosed as opposed to an individual.

Mr. Blue spoke about how the ordinance came to be drafted. Mr. Blue said questions were raised

about the spending of different organizations and of allegations being made. Mr. Blue said the Council

expressed concern with respect to organizations and having difficulty obtaining information from

organizations when asked. Mr. Blue said the Council requested an ordinance be drafted. Mr. Kidd

asked why an ordinance is needed if the Council can get the information it requests with a letter, such

as was recently sent to organizations. Councilmember Feagle said she doesnt believe an ordinance is

needed as long as the Council can get the information it needs by requesting the information in a letter.

Someone in the audience asked if Councilmember Feagle would put that in the form of a motion. Mr.

Blue stated Councilmember Feagle could not make the motion. When questioned about this, Mr. Blue

noted Councilmember Feagles employment with DMH. DMH Administrator Jim McKnight asked

Mr. Blue if he was advising Councilmember Feagle that she could not make a motion. Mr. Blue said,

he had advised Councilmember Feagle she could not take action on the ordinance because of her

employment with DMH, which he said was opposed to the ordinance. Mr. McKnight said

Councilmember Feagle does not work for the Board. Councilmember Scott then addressed Mr. Blue

and asked if parts of the ordinance that deals with liability of board of directors could be stricken as far

as liability goes and persons serving as volunteers would not be held liable but that the organization

itself would be. Mr. Blue answered yes and said the Council could do whatever it wishes with the

ordinance.

Councilmember Everett said in the most recent draft such language has already been added.

Councilmember Everett said he thinks the ordinance in its idea is a good idea for the protection of

taxpayers. Councilmember Everett said he thinks the ordinance is being misinterpreted and thinks it

would be prudent to issue the most current draft to all those present. Councilmember Everett said the

peoples participation is the kind of input and feedback needed to make the ordinance work.

Councilmember Feagle questioned again why an ordinance is needed if the Council could get the

information it needs by a letter of request. Councilmember Feagle said if an organization does not

provide the requested information or misuses the monies, the Council could cut them off from

receiving any more.

Mayor Frith said he had expressed to Mr. Blue earlier the concerns about material changes to the

ordinance and felt enough changes had been made that discussion of the ordinance should be continued

for further input and another public hearing held. Mayor Frith said if the majority of the Council wants

to pass or reject the ordinance he would yield to them, but nothing precludes the Council from tabling

8/14/2019 27AUG02 MIN

7/10


the issue. Mayor Frith said he would like some clarification on Councilmember Feagles position (to

vote on this issue). Mr. Blue said if this issue moves forward beyond this meeting, he would get an

advisory ruling from the Commission on Ethics. Councilmember Everett said feedback from citizens

raised some questions in his mind and, personally, he would like to have an opportunity to give more

thought to the ordinance based on the feedback received and give Mr. Blue more time to put certain

language into the ordinance.

Councilmember Feagle said she would urge the Council to think about why an ordinance is needed if

the Council can get the information it needs with a letter. Councilmember Feagle said she thinks there

would be accountability with doing it this way and doesnt think an ordinance is needed to spend the

taxpayers money wisely. Councilmembers agreed to table the ordinance to the next regular meeting.

Mr. Blue asked the Council if there was anything Council wants him to do between this time and the

next meeting. Councilmember Scott said she would like to see the individuals receive a copy of the

latest draft ordinance. With respect to re-advertising the ordinance, Councilmember Everett said it

should be advertised for consideration of a decision. Mr. Blue asked the Council if they wished him to

meet with and discuss the ordinance with any of the individuals raising questions. Councilmembers

said Mr. Blue could do so as long as it was on his own time. Councilmember Everett then made amotion to table Ordinance No. 763 to the September 10, 2002, regular session Council meeting. The

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

YEA NAY


Mayor Frith called a ten-minute recess at 7:30 p. m. and called the meeting back to order at 7:40 p. m.

AGENDA ITEM 6(G)CITY COUNCIL TO HEAR LOCAL ORGANIZATIONAL REQUESTSFOR FUNDING FROM THE CITY FOR THE FISCAL YEAR 2002-03 BUDGET.

The Council then heard from several organizations requesting funding from the City for the fiscal year2002-03.

Boys and Girls Club: Request for $65,825.

Mr. Kidd reviewed the Clubs accomplishments for the year and presented information on the various

programs offered to the members.

Chamber of Commerce: Request for $12,000

Ms. Taylor said the Chambers request remains at the same amount as last year. Ms. Taylor reviewed

the goals and accomplishments for the year. Councilmember Feagle had several questions. Discussion

included:

8/14/2019 27AUG02 MIN

8/10

Page 8, August 27, 2002, Council Meeting Regular Session

1. The Chambers partnering with the Florida Chamber Federation to help small business

members obtain health care, workers comp and hospital benefits for its employees.

2. A $6,000 Tourism Grant: Ms. Taylor said $5,000 of this was used to produce a brochure to

promote Taylor County, which also benefited the City.

3. 600 Flowers planted at parks. Ms. Taylor said this included the Southside Park and schools.

4. Promotion at five local tourism centers. Ms. Taylor said the Taylor County Development

Authority (TCDA) and Tourism Development Council (TDC) and the Chamber participated,

with the Chamber facilitating the project.

5. Fiscal Year Operating Budget 2002 was $145,502. Fiscal Year 2002 Operating Budget is for

$131,362. Councilmember Feagle asked Ms. Taylor to explain. Ms. Taylor said several grantswere cut and expenses adjusted in the budget.

Taylor County Development Authority: Request for $31,000

1. Tourism Alliance Contract. Mr. Humphries said TCDA receives $15,000 from the County to

administer the TDC and some is given to the Chamber.

2. $350,000 Loan to local business. Mr. Humphries said TCDA helped secure this loan for a local

business but the business declined to accept under the provisions set forth in the contract.

3. Some accomplishments: website and satellite Mr. Humphries said TCDA and the Chamber

did this jointly but the TCDA provided the money.

4. Brought developer to Perry but negotiations broke down between the landowner and developer.

Mr. Humphries said TCDA is still pursuing the site for other developers.

5. $18 Million Project in Steinhatchee. Mr. Humphries said the project had been stalled. The

issue came before TCDA and a decision was made to go to the County and request an

ordinance change, which was approved. Mr. Humphries said this would add additional ad

valorem taxes to the County tax rolls.

Councilmember Feagle said it is good what TCDA has done for the County, but questioned what

TCDA could do for the City. Councilmember Feagle said City property values had decreased $5,500,

while the Countys property value increased. Councilmember Feagle said there have been no new

businesses to come to the City that she knows of and she has concerns of what TCDA could do to bring

in business to the City. Mr. Humphries said there are not a lot of sites within the City to accommodate

large businesses.

Councilmember Feagle asked, if the City decides to give TCDA its funding request, what kind of

commitment TCDA could give to the City for bringing in a major business. Mr. Humphries asked that

Council review TCDAs accomplishments for last year and reviewed the sewer expansion project at

United Welding Services, Inc. (UWS), which will generate revenue for the City. Mr. Humphries noted

also UWS is the second biggest gas customer of the City.

Councilmember Feagle asked Mr. Humphries if he has always given the Council what it has requested

(information). Mr. Humphries answered yes. Councilmember Feagle asked if there is a city council

8/14/2019 27AUG02 MIN

9/10

Page 9, August 27, 2002, Council Minutes-Regular Session

member on the TCDA board. Mr. Humphries answered yes. Councilmember Feagle asked if TCDA

plans to stay in its present location. Mr. Humphries said, presently, TCDA does plan to stay in its

present location, as it can work jointly with the Chamber and share office staff.

Taylor County Senior Services: Request for $15,000.

Director Wynette Huxford gave a review of the organizations plans for 2003, which included adding

additional fund raising events to provide additional transportation, personal care and meals for its

homebound clients who are presently on a waiting list for services. Ms. Huxford said the monies

received from the City go directly to feed the clients with only $1,862.45 used to help pay the salary of

two employees. Councilmember Feagle asked if Senior Services was able to provide for everyone who

came to them last year. Ms. Huxford answered no. Ms. Huxford said the organization needs $15,000for this year and this is why the organization is requesting an increase. Councilmember Feagle asked

when the organization began utilizing its monies received from the City last year. Ms. Huxford said

this was in January. When asked by Mayor Frith, Ms. Huxford spoke on the organizations counseling

program.

Councilmember Feagle noted Ms. Huxfords salary of $39,078.00 and asked if she receives any

additional monies. Ms. Huxford said she receives gas money allowance and 29 cents per mile for

mileage allowance when traveling out of town. Ms. Huxford said of the overall budget 8 percent is for

administrative costs. In closing, Ms. Huxford said she would appreciate it if the Council could give

more funding this year.

Civil Air Patrol: Request for $2,500.00

Mr. Sunderland told the Council monies received from the City provide funding for search and rescue

missions (equipment upkeep and maintenance) as well as a scheduled Sundown Patrol for the

citizens of Perry and Taylor County. Mr. Sunderland said CAP also assists in any local emergency

situations. Mr. Sunderland said members are all volunteers so there are no salaries. Councilmember

Feagle asked if the CAP had other funding sources. Mr. Sunderland said the only sources of funding

come from the City ($2,000) and the County provided $6,000. Councilmember Feagle asked what

impact there would be to CAP if it did not receive funds from the City. Mr. Sunderland said it would

limit the number of weekends CAP could fly the Sundown Patrol. When asked by Councilmember

Feagle, Mr. Sunderland said the CAP does have a cadet program but adults are needed to work with the

students.

Main Street Perry, Inc. Requesting $10,000

A representative from Main Street gave a review of the organizations achievements the past year and

plans for the future. The individual told the Council the funds received by the City would be used for

the program directors salary. The individual said, regardless of the funding decision of the Council,

Main Street would continue to work hard to earn respect.

Refuge House, Inc. Requesting $10,000.00

Ms. Donna Hansell from Tallahassee and Ms. Debra Gray from Perry, were present to address the

Council. Local resident Diane Ching was also present in support of the Refuge House.

8/14/2019 27AUG02 MIN

10/10


Councilmember Feagle asked how long someone is allowed to stay at the shelter. Ms. Gray said it

depends on the circumstances but no one will be required to leave the shelter until they have someplace

else to go. Ms. Gray said Refuge House provides food, lodging, support programs, assistance in

obtaining housing and jobs.

This concluded the hearing of organizational requests for funding.

AGENDA ITEM 6(H)CITY COUNCIL AND STAFF TO REVIEW PROPOSED BUDGET FORFISCAL YEAR 2002-03.

It was the consensus of the Council to have a budget workshop session on Tuesday, September 3, 2002at 5:30 p.m.

AGENDA ITEM (7)CITY MANAGER.

Mr. Byrnes told the Council the paving project and storm water drainage projects should begin

Tuesday, September 3, 2002.

AGENDA ITEM (8)DEPARTMENT HEADS.

There was no discussion at this time.

AGENDA ITEM (9)CITY COUNCIL REQUESTS.

Councilmember Feagle said she would like to see all department heads and supervisors attend the

Council meetings, especially the budget meetings, so they can provide input to discussions. The city

manager informed the Council all non-salaried employees would have to be paid overtime. Mr. Brynes

said there would be nine employees on overtime if they were to attend the meetings.

AGENDA ITEM (10)ADJOURNMENT.

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

adjourned at approximately 9:26 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________ Annette Anderson, Secretary Date

27aug02 min

Documents