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CITY COUNCIL MEETING MINUTES REGULAR SESSION 224 S. Jefferson Street Perry, Florida  November 27, 2001 MEMBERS PRESENT: Shirley Scott, Bill Alexander, Pam Feagle and Doug Everett MEMBER ABSENT: Richar d Frith ST AFF PRESENT: Bi ll Bry ne s, Barney Johnson, W ayne Putnal , Bi ll y LaV al le, Bi ll Bl ue and Annette Anderson Vice Mayor/ Counci lmembe r Alex ander called the meeting to order . The city manager led those attending the meeting in prayer . Vi ce Mayor/Councilmember Alexander led the group in the Pledge of Allegiance to the Flag. The secretary then called the roll. PRESENT ABSENT Councilmember Feagle X Councilmember Alexander X Councilmember Scott X Councilmember Everett X Mayor Frith X AGENDA ITEM (3)…APPROV AL OF PREVIOUS MINUTES: November 13, 2001, Regular Session. After a brief review of the minutes, Councilmember Everett made a motion to adopt the minutes of  November 13, 2001, Regular Session as written; seconded by Councilmember Feagle and upon roll call vote was as follows: YEA NA Y Councilmember Feagle X Councilmember Alexander X Councilmember Scott X Councilmember Everett X Mayor Frith ABSENT AGENDA ITEM (4)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC. There was no one from the general public to address the Council. AGENDA ITEM 5(A)…REPRESENTATIVES FROM FIRST UNITED METHODIST CHURCH TO ADDRESS THE COUNCIL. Ms. Catharin Norman addressed the Council on behalf of the church’s building committee. There were a number of individuals present. Ms. Norman briefly reviewed the construction going on at t he church and discussed the church’s parking lot. Ms. Norma n said the building committee would like to do somet hing about the park ing lot that it is used not only by the church but by the public as well. Mr. Bob Meissner then addressed the Council. Mr . Meissner addressed concerns of storm water drainage for the church as well as the entire downtown area. Mr . Meissner said this is something to think about for future expansion of downtown businesses. Mr. Meissner said the use of retention ponds in the

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CITY COUNCIL MEETING

MINUTES

REGULAR SESSION

224 S. Jefferson StreetPerry, Florida

 November 27, 2001

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

MEMBER ABSENT: Richard Frith

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, Bill Blue andAnnette Anderson

Vice Mayor/Councilmember Alexander called the meeting to order. The city manager led those

attending the meeting in prayer. Vice Mayor/Councilmember Alexander 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

AGENDA ITEM (3)…APPROVAL OF PREVIOUS MINUTES: November 13, 2001, Regular Session.

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

 November 13, 2001, Regular Session as written; 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 ABSENT

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

There was no one from the general public to address the Council.

AGENDA ITEM 5(A)…REPRESENTATIVES FROM FIRST UNITED METHODIST CHURCH TOADDRESS THE COUNCIL.

Ms. Catharin Norman addressed the Council on behalf of the church’s building committee. There were

a number of individuals present. Ms. Norman briefly reviewed the construction going on at the church

and discussed the church’s parking lot. Ms. Norman said the building committee would like to do

something about the parking lot that it is used not only by the church but by the public as well. Mr.

Bob Meissner then addressed the Council. Mr. Meissner addressed concerns of storm water drainage

for the church as well as the entire downtown area. Mr. Meissner said this is something to think about

for future expansion of downtown businesses. Mr. Meissner said the use of retention ponds in the

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Page 2, November 27, 2001, Council Minutes-Regular Session

downtown area might not be a good thing as they take up a considerable amount of property. Mr.

Meissner said he would like to see if the Council would be interested in taking a serious long-term look 

at a downtown sewer master plan.

Councilmember Everett asked Director of Public Works Barney Johnson the problem with the drainage

system. Mr. Johnson said, for one thing, the drains were put in about 60 to 70 years ago and are too

small. Mr. Johnson said another problem is that there has been very little maintenance done on these

drains in the last 60 years. Mr. Johnson asked if the Council wants to approach this as one problem.

Councilmember Everett said it is an ongoing problem that needs to be dealt with but for right now for 

the short-term basis he would like the City to give the church as much assistance as possible with its

drainage problems. Mr. Johnson suggested staff be allowed to so some research and bring back 

information to the Council. The Council agreed.

AGENDA ITEM 5(B)…TRAVIS BEACH AND FLOYD FORD FROM TAYLOR COASTALWATER AND SEWER DISTRICT TO ADDRESS THE COUNCIL. Mr. Ford said Taylor Coastal Water and Sewer District is working toward having its own sewer system

in two to five years and would need to have employees trained and certified. Mr. Ford addressed the

Council with a request that one of their employees, David Morgan, be allowed to train with cityemployees at the City’s wastewater treatment plant in order to meet the requirement of 2080 hours of 

hands-on experience to obtain his sewer operator’s license.

Councilmember Feagle asked if the City would be creating a position for this individual. Mr. Brynes

answered no, saying the individual would be employed by the Taylor Coastal Water and Sewer District

and there would be no extra expenses to the City. Councilmember Feagle asked if there would be any

liability to the City in doing this. City Attorney Bill Blue said there would be no liability to the City so

long as there is a contract with Taylor Coastal Water and Sewer District to cover their employee’s

worker’s compensation benefit. Mr. Brynes said if the Council wishes to do this, the next step would

 be for Mr. Ford to get with Mr. Blue to get a contract or agreement done.

Councilmember Everett made a motion to move forward on this request and allow City Attorney Bill

Blue to draft a contract with Taylor Coastal Water and Sewer District for the purpose of allowing one

of their employees to obtain hands-on experience working at the City’s Wastewater Treatment Plant.

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 ABSENT

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Page 3, November 27, 2001, Council Minutes-Regular Session

AGENDA ITEM 5(C)…CITY COUNCIL TO CONSIDER REQUEST FROM MR. MORALIS ANDRONNIE KINSEY TO CLOSE THE ALLEYWAY BETWEEN THEIR PROPERTIES ON N.JEFFERSON STREET.

Mr. Moralis, 1022 N. Jefferson Street requested the Council’s’ consideration of closing the alleyway

 between his and Mr. Ronnie Kinsey’s properties. Mr. Moralis told the Council there is a lot of traffic

thru this area and people walking through the area at night. It was noted the City has sewer and water 

utilities there. Mr. Moralis said he and Mr. Kinsey would like to be allowed to block the alleyway with

fence and a gate that would allow the City access if needed. Mr. Moralis said there would be no cost to

the City. Councilmember Feagle asked what the surrounding neighbors think about closing the

alleyway. Mr. Moralis said there is only one family on the Washington Street side. Director of Public

Works Barney Johnson told the Council closing the alleyway would really only effect Mr. Kinsey and

Mr. Moralis and he did not see a problem with closing the alleyway as requested. It was the consensus

of the Council that the alleyway be closed off as requested.

AGENDA ITEM 5(D)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 748

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING CITY OF PERRYORDINANCE NUMBER 601 ENTITLED CITY OF PERRY LAND DEVELOPMENTREGULATIONS, AS AMENDED, BY AMENDING SECTION 2.1, DEFINITIONS GENERAL TOINCLUDE DEFINITIONS APPLICABLE TO TELECOMMUNICATIONS FACILITIES, BYAMENDING SECTION 4.20.9, ESSENTIAL SERVICES, TO INCLUDETELECOMMUNICATIONS FACILITIES, BY AMENDING 4.20.10, EXCLUSION FROM HEIGHTLIMITATIONS, TO EXCLUDE FROM THE EXCLUSION ON HEIGHT LIMITATIONSANTENNAE ATTACHED TO TOWERS AND INCORPORATED THEREWITH INTELECOMMUNICATIONS FACILITIES, ADDING SECTION 4.20.38, ESTABLISHINGGUIDELINES FOR THE PERMITTING, LOCATION, CONSTRUCTION AND REGULATIONS OFTELECOMMUNICATIONS FACILITIES, AMENDING SECTION 2.1, DEFINITIONS GENERALBY AMENDING THE DEFINITION OF THE WORD STRUCTURE TO INCLUDE ANTENNAE,TOWERS, TELECOMMUNICATIONS, FACILITIES, ANCILLARY FACILITIES AND

PROVIDING AN EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 748 be read by title only. 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 X

Mayor Frith ABSENT

The secretary read Ordinance No. 748 by title only. Vice Mayor/Councilmember Alexander opened

the public hearing. Councilmember Everett said he had talked with Mr. Ward Ketring and asked if he

had any concerns with the ordinance. Councilmember Everett said Mr. Ketring was satisfied with the

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Page 4, November 27, 2001, Council Minutes-Regular Session

ordinance. There was no one else to address this item. Councilmember Everett made a motion to

adopt Ordinance No. 748; seconded by Councilmember Scott and upon roll call vote was as follows:

YEA NAY

Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith ABSENT

AGENDA ITEM 5(E)…PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 758

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING ORDINANCE NO. 601, ASAMENDED, BY AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF PERRY ASAUTHORIZED BY ORDINANCE NO. 601, AS AMENDED, PROVIDING FOR A CHANGE INZONING FROM RESIDENTIAL OFFICE (RO) TO COMMERCIAL NEIGHBORHOOD (CN), ASSTATED HEREIN, OF CERTAIN LAND WITHIN THE CITY OF PERRY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING ANEFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 758 be read by title only; seconded byCouncilmember Alexander and upon roll call vote was as follows:

YEA NAY

Councilmember Feagle XCouncilmember Alexander X

Councilmember Scott XCouncilmember Everett XMayor Frith ABSENT

The secretary read Ordinance No. 758 by title only. Vice Mayor/Councilmember Alexander opened

the public hearing. There was no one from the public to address this item. Director of Community

Development Billy LaValle explained the ordinance changes the zoning for about a ¼ block area on

Ellis Street to allow for a beauty parlor. Councilmember Feagle asked what else the zoning would

allow others to do. Mr. LaValle said the zoning change would also allow for a convenience store or retail services. There being no further discussion, Councilmember Everett made a motion to adopt

Ordinance No, 758. The motion was seconded by Councilmember Feagle and upon roll call vote was

as follows:

YEA NAY

Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett X

Mayor Frith ABSENT

AGENDA ITEM 5(F)…RESOLUTION NO. 2001-24; A RESOLUTION OF THE CITY COUNCILOF THE CITY OF PERRY, FLORIDA, SUPPORTING THE APPLICATION OF MAINSTREETPERRY, INC. FOR THE FLORIDA C0MMUNITY CONTRIBUTION TAX PROGRAM;PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

In the absence of MainStreet manager, Rick Breer, City Attorney Bill Blue addressed this item with the

Council. Mr. Blue said this is a program made available to communities that are in an enterprise zone

to take advantage of tax incentives. Mr. Blue said the program would allow a business to purchase

 property, develop it and lease out portions of it to multiple smaller businesses. Mr. Blue

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Page 5, November 27, 2001, Council Minutes-Regular Session

said it would also allow “C” corporations to make contributions to community projects in return for tax

credits. Mr. Blue further explained that the cost of the tax-based incentives associated with the

 program would be borne by the State at no cost to the citizens of Perry. Mr. Blue said, in order to

qualify, MainStreet must submit an application to the State Office of Tourism, Trade and Economic

Development with a resolution of support from the City and certifying that the project is consistent

with local plans and regulations.

Mr. Blue said city staff had looked this over and confirms the program would be consistent with city

zoning regulations. Mr. Blue said legally there is nothing wrong with the resolution and he sees it as a

no loss situation for the City. Mr. Blue said he did check to see if there would be any conflicts for any

grants the City might be able to receive in the future. Mr. Blue said there were none. Councilmember 

Scott made a motion to adopt Resolution No. 2001-24; seconded by Councilmember Everett and upon

roll call vote was as follows:

YEA NAY

Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith ABSENT

Vice Mayor/Councilmember Alexander recognized County Commissioner Frank Russell.

Commissioner Russell said he had been in Tallahassee and spoke with Senator Mitchell and

Representative Will Kendrix about a grant program to possibly construct an emergency response

facility in Taylor County. Commissioner Russell said the facility could be used for hazardous materials

training for emergency response personnel and training for police officers. Commissioner Russell said

the facility could also house the emergency response personnel and possibly the county fire department

and could also be used as an emergency shelter. Commissioner Russell said surrounding countiescould be asked to come into the program and use the facility. Commissioner Russell said he would like

the Council to provide a resolution or letter of support to allow the County to apply for the grant funds

for the purpose of constructing an emergency response facility. Commissioner Russell apologized for 

the short notice but said he would need this resolution or letter by next Wednesday, December 5, 2001.

City Attorney Bill Blue asked the cost to the City and what would be the City’s responsibilities.

Commissioner Russell said there would be no cost to the City, nor any responsibilities for the City.

Councilmember Feagle asked who would sponsor the people who would come and do the training.

Commissioner Russell said the State allows Emergency Management a certain portion of the funding

to be used for training. City Attorney Bill Blue asked for clarification that Commissioner Russell is

 just asking the Council to adopt a resolution approving the County to make application for funding and

giving support of it. Commissioner Russell said this is all that is being asked of the City.

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Page 6, November 27, 2001, Council Minutes-Regular Session

Councilmember Feagle made a motion that a resolution of support be prepared to allow the County to

 prepare a grant application and make use of grant monies for an emergency management facility. 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 ABSENT

AGENDA ITEM 5(G)…CITY COUNCIL AND STAFF TO DISCUSS FLORIDA GAS UTILITYCREDIT ENHANCEMENT REQUIREMENT.

City Manager Bill Brynes said Florida Gas Utility (FGU) is asking for a credit enhancement from all

the cities in the organization. Mr. Brynes said the end result would, hopefully, allow FGU to obtain

lower gas prices. Mr. Brynes said when the City first received information about this there were only

two ways it could be done. One way was to give FGU $71,000. The other way was to give FGU a

letter of credit for $71,000. Mr. Brynes said he was not really keen on either of these options. Mr.

Brynes said there is another way this can be done and that is the City would obligate to purchase 100%

of gas from FGU. Mr. Brynes said the City does this already. Mr. Brynes said there would be an 18-

month notice requirement to withdraw from FGU. Councilmember Everett asked what this would do

for the City. Mr. Brynes said, hopefully, it would allow the City to have lower gas prices to pass on to

the consumer. Councilmember Feagle asked if the credit is refundable. Mr. Brynes said it would be

refundable if the City left the organization. Councilmember Everett expressed concern about having

 price protection. Councilmember Feagle asked what would happen if the City does not do either of 

these options. Mr. Brynes said he does not think FGU will let the City do anything else.

Councilmember Feagle asked if the City could buy gas cheaper elsewhere. Mr. Brynes said the City

could purchase gas cheaper but it would have to go to the market and get the interruptible method of 

 purchasing gas. Mr. Brynes said by being a member of this organization the City has four times the

capacity it needs. Mr. Brynes told the Council the City has to have someone do this (manage its gas

capacity) because the City cannot do it itself. Mr. Brynes said a resolution would be prepared for the

Council’s consideration and he would bring back information to the Council in the coming weeks.

AGENDA ITEM 5(H)…CITY COUNCIL AND STAFF TO DISCUSS RESIDENTIAL NATURALGAS PRICES.

Mr. Brynes reviewed information he had prepared for gas prices charged by several comparable cities.

Those cities included Perry, Live Oak, Madison and Lake City. Mr. Brynes explained that costs are

 broken down into several components. Transportation is generally a fixed cost but gas varies each

month.

Mr. Brynes reviewed information comparing consumption of therms used and the amount charged per 

therm by each city and any additional charges by the city, such as meter availability, utility tax on gas,

and gross receipts tax charged. Mr. Brynes said the City of Perry charges .8331 per therm of gas to its

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Page 7, November 27, 2001, Council Minutes-Regular Session

customers with none of the additional charges. Mr. Brynes said based on consumption of 20 therms,

this would be $16.66 compared to Live Oak’s .746019 per therm - $16.41. Councilmember Feagle

asked why the City could not charge the same per therm as Live Oak. Mr. Brynes said the Council

could set the rate anyway it wants. Councilmember Feagle asked if the gas rate to the city’s consumer 

were lowered, what would this do for the City. Mr. Brynes said revenue for the City would be reduced.

Councilmember Feagle suggested looking at ways to reduce consumer cost and look at other ways to

get revenue. Councilmember Everett said it would be interesting to look at the revenue received and

the actual cost of operations (last year) and see what was left over and what was done with that money.

Councilmember Everett said he would like to see this information for the past two to three years.

Councilmember Feagle thanked Mr. Brynes for providing the information.

AGENDA ITEM 5(I)…CITY COUNCIL TO REVIEW MONTHLY FINANCIAL STATEMENT.

Mr. Brynes and Councilmembers reviewed the October financial statement. Mr. Brynes said this being

the first statement of the fiscal year has less meaning and comparison. Councilmember Feagle had

questions pertaining to line items in several departments, including overtime costs, training and per 

diem, educational expenses, phone and internet costs (communications services). Councilmember 

Everett said a better comparison would be to compare this month (October) to the same month last

fiscal year. Councilmember Feagle said, overall, the October monthly statement looks good—she just

had some questions to better understand the statement.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes said the Finance Department had budgeted $800 for a receipt printer for the utility office

 but for $200 more both printers could be replaced. Mr. Brynes told the Council this would not require

a budget adjustment—just consensus of the Council that it be done. It was the consensus of the

Council that the receipt printers be purchased.

On another item, Mr. Brynes said he received a request that individuals be allowed to place a flagpole

and flag, illuminated, near the sign at Veterans’ Park. Mr. Brynes said the City would only be

responsible for the power bill for the lighting. It was the consensus of the Council that the flag and

 pole, with illumination, be allowed to be placed at the park.

Councilmember Feagle said, since the park has been brought up, she would like to have placed on the

agenda an item for discussion of things she would like to suggest for the park.

Another item discussed was a request from Waste Management for 150 to 200 of the 5,000 garbage

containers Waste Management gave to the City several years ago. It was the consensus of the Council

that 150 to 200 garbage cans be given back to Waste Management. Councilmember Feagle said she

has received complaints about the cans being left on the street once the garbage has been picked up.

Mr. Johnson said the City has an ordinance that addresses that issue but not a penalty.

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Page 8, November 27, 2001, Council Minutes-Regular Session

AGENDA ITEM (8)…DEPARTMENT HEADS.

Director of Public Works Barney Johnson said he had received a request from Ms. Bertha Bryant, 408

Miller Road, for a streetlight. Mr. Johnson said it meets the City’s criteria for streetlights. It was the

consensus of the Council that a streetlight be installed.

Referring to earlier discussion and the request from Commissioner Russell that the City adopt a

resolution in support of the County filing a grant application, City Attorney Bill Blue cautioned the

Council about agreeing to adopt a resolution that comes to them on short notice and unseen. Mr. Blue

said he brought this up to suggest that when a request for a resolution comes up at the last minute, the

Council might wish to ask a few more questions. Mr. Blue said one question that could have beenasked in this particular instance, was whether or not the Board of County Commissioners fully

supports the issue.

Mr. Blue said Mr. Russell is going to provide him with a draft resolution. Mr. Blue said, as Mr. Russell

has indicated he needs the resolution by next week and the Council will not meet again for two weeks,

he would suggest the Council schedule an emergency meeting now to consider the resolution. The

meeting was scheduled for Tuesday, December 4, 2001, at 6:00 p. m.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle asked if the City plans to remove the dead dogwood trees along Center Street

near the cemetery. Mr. Johnson said he would contact Forestry to look at the trees to see if they are

really dead before removing them. Councilmember Feagle commented on the cleanup around the

cemetery but said there is still some growth around the fence line and around some trees.

Councilmember Scott read from a letter she received from Florida State University about a mentoring

workshop for interested municipal officials and employees. Councilmember Scott said she brought

this up as a matter of information in case anyone was interested.

Councilmember Everett said some members of the First United Methodist Church have requested the

City consider building a basketball court at the city park. Councilmember Everett said the church has

 built a basketball court on their property for church members but everyone else is using the court.

Councilmember Everett said he is not in favor of the City putting a basketball court at City Park, as

this would cause a mixing of younger age children with older individuals. Councilmember Everett

said the City might be able to look at the property on N. Jefferson Street in front of the Boys and Girls

Club to build basketball courts, if the Council were inclined to alleviate those concerns. Mr. Blue

suggested a less expensive way might be to work out a partnership with the School Board to use the

school’s courts on Center Street.

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Page 9, November 27, 2001, Council Minutes-Regular Session

AGENDA ITEM (10)…ADJOURNMENT.

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

adjourned at approximately 8:40 p. m.

ATTEST:

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

Recorded in Official Minute Book:

 ___________________________ _________________________________  

Annette Anderson, Secretary Date