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    CITY COUNCIL MEETING

    MINUTES

    REGULAR SESSION

    224 S. Jefferson StreetPerry, Florida

    January 28, 2003

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

    MEMBER ABSENT: Richard Frith

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

    Vice Mayor/Councilmember Alexander called the meeting to order. Councilmember Feagle led those

    attending the meeting in prayer. Vice Mayor 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

    Mayor Frith was recently released from the hospital and recuperating from surgery.

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

    City employee Dodd Franklin was not present.

    AGENDA ITEM (4)APPROVAL OF PREVIOUS MINUTES.

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

    January 14, 2003, Regular Session as written; seconded by Councilmember Feagle and upon roll call

    vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith ABSENT

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

    Ms. Tonya Holton, 127 Nancy Street, addressed the Council on behalf of herself and area residents toexpress concern about what she said was inadequate lighting in the area of her residence. Ms. Holton

    said there are only three light poles on Nancy Street. Director of Public Works Barney Johnson said he

    would look to see if the situation meets the Councils criteria for streetlight installation.

    AGENDA ITEM 6(A)PUBLIC HEARING AND FINAL READING-ORDINANCE NO. 770

    AN ORDINANCE AMENDING ARTICLE IX,TREE BOARD, OF CHAPTER 2 OF PART II OFTHE CODE OF ORDINANCES OF THE CITY OF PERRY, FLORIDA; ADDING SECTION 2-240

    REGARDING THE PURPOSE AND INTENT OF THE ORDINANCE; MODIFYING THEORDINANCES DEFINITION FOR THE WORDTREE, ADDING ADDITIONAL DEFINITIONS

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    Page 2, January 28, 2003, Council Minutes-Regular Session

    ADDING ATTENDANCE REQUIREMETNS FOR BOARD MEMBERS; CLARIFYING DUTIESAND RESPONSIBILITIES OF THE BOARD; MODIFYING SECTIONS WITH RESPECT TOTREE SPECIES AND DISTANCES FOR THE PLANTING OF TREES IN RELATION TO CITYINFRASTRUCTURE; MODIFYING SECTIONS WITH RESPECT TO TREE TOPPING, PRUNING,REMOVAL, MITIGATION AND CORNER CLEARING; CREATING CRITERIA FORMITIGATION OF TREE REMOVAL; AND PROVIDING AN EFFECTIVE DATE.

    Councilmember Everett made a motion that Ordinance No. 770 be read by title only. The motion wasseconded by Councilmember Scott and upon roll call vote was as follows:

    YEA NAY

    Councilmember Feagle XCouncilmember Alexander XCouncilmember Scott XCouncilmember Everett XMayor Frith ABSENT

    The secretary read Ordinance No. 770 by title only. Vice Mayor/Councilmember Alexander opened

    the public hearing. There was no one to speak for or against Ordinance No. 770. Councilmember

    Feagle made a motion to adopt Ordinance No. 770; 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 6(B)CITY COUNCIL TO DISCUSS REPLACING FIREFIGHTER PENSIONBOARD MEMBER JEROME McLIN, WHO HAS SUBMITTED A LETTER OF RESIGNATION.

    City Manager Bill Brynes told the Council Mr. McLin had moved outside the city limits and there is a

    requirement that members must reside inside the city limits. Mr. Brynes told the Council Mark

    Southerland has agreed to serve on the board if the Council wishes to appoint him. When asked by

    Councilmember Everett, Mr. Brynes said Mr. Southerland is the only individual he knows who hasagreed to serve. Councilmember Everett then made a motion to appoint Mr. Mark Southerland. 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 XMayor Frith ABSENT

    AGENDA ITEM 6(C)CITY COUNCIL TO DISCUSS THE OLD HIGH SCHOOL PROPERTYFOR THE BOYS AND GIRLS CLUB.

    Councilmember Feagle said since this item had been tabled from the last meeting because Mayor Frith

    was absent (the property is located in Mayor Friths district) and he is again absent this meeting, she

    would like the item tabled again. Councilmember Everett noted the number of individuals present who

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    Page 3, January 28, 2003, Council Minutes-Regular Session

    had an interest in this item of discussion. Councilmember Everett asked if there had been any

    clarification as to when the Mayor might be back so the individuals would know when to come back.

    Councilmember Scott said the Mayor does want to have some input into this issue but as to when he

    might be back, she did not know.

    Ms. Ruth Cuzzort, who addressed the Council on this issue at the January 14, 2003 meeting, said as

    representative of the residents, they would be happy to wait for the Mayors return. Councilmember

    Feagle made a motion that this item be brought back for discussion at the February 25, 2003 Council

    meeting. Mr. Ward Ketring asked for clarification as to whether the Council would definitely discuss

    this item at the February 25 meeting or would wait until Mayor Frith returns. Councilmember Scott

    and Vice Mayor Alexander said the item would be discussed when Mayor Frith returns.

    Councilmember Everett said the item would be placed on the agenda for that meeting date but

    discussion would be contingent upon Mayor Frith being present. Councilmember Everett said

    residents of that area as well as Boys and Girls Club director Kevin Kidd needs to be notified if it is

    known the item would not be discussed at that meeting. Councilmember Feagle amended her vote that

    this item be brought back for discussion at the February 25 Council meeting with discussion contingent

    upon Mayor Frith being in attendance. 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 6(D)CITY COUCNIL AND STAFF TO DISCUSS MONTHLY FINANCIAL

    REPORT.

    City Manager Bill Brynes reviewed the monthly report with the Council. In the general fund, Mr.

    Brynes noted a decrease in Capital City Bank while there was an increase in the First Union account.

    Mr. Brynes noted this was due to the Citys change in banking facilities. Councilmember Feagle had

    specific questions regarding the recreation fund. Mr. Brynes said the recreation department does not

    generate its own monies. Councilmember Everett commented the City gets money from ball

    registration fees. Mr. Brynes said this is limited money and the City does not really make anything

    from the ball tournaments.

    Dr. Michael Walby asked why the City changed banks. Mr. Brynes explained the City bids out its

    banking services and First Union gave a higher rate of interest. Mr. Walby asked what merit there is

    for the City in hosting ball tournaments. Mr. Brynes explained there is none for the city as a

    government but for the city as a city (community) hosting the tournaments does have merit because the

    local restaurants, restaurants and others benefit.

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    Page 4, January 28, 2003, Council Minutes-Regular Session

    Councilmember Feagle asked how much the recreation budget had to be funded from elsewhere last

    year. Councilmember Everett said this could be figured by its total budget less the registration and

    other fees, which would be approximately $200,000. Referring to the countys proposed sports

    complex, Councilmember Feagle asked if there was any idea as to how the county would fund it. Mr.

    Walby said he had heard mentioned that parking fees would be charged and they would be hosting a lot

    of tournaments. Dr. Walby said the city and county would probably have to put in some money for the

    complex.

    AGENDA ITEM (7)CITY MANAGER.

    Mr. Brynes reminded the Council of the city/county joint meeting February 4, 2003 at 5:00 p. m. todiscuss recreation issues.

    On another matter, Mr. Brynes discussed possible routes to get from the sewer plant, across Highway

    98 to the spray field. Mr. Brynes said one route would be to go from city property, down a city street

    through Loughridge Park and across railroad property. It was noted that the railroad had offered to sell

    this particular property to the City. Mr. Brynes said the city would have to cross railroad property

    somewhere along the route. Mr. Brynes said going through the Loughridge Park property would be a

    clean shot until the railroad property. Mr. Brynes told the Council that the last time the City had to

    cross railroad property, it had to pay $850.00 upfront for the first year. Mr. Brynes said it could cost

    the City a one-time fee of $850.00 and $250.00 per year going forward; or, after the initial fee, the City

    could pay a one-time lump sum of $5,000 to the railroad. Councilmember Everett commented this

    railroad property is a dead piece of land. Mr. Brynes said the City could purchase the 1200 x 86

    piece of property for approximately $12,000. Councilmember Everett said this would be

    approximately $5,000.00 per acre. Councilmember Everett suggested trying to negotiate with the

    railroad.

    Mr. Brynes said another route would be to go down Goff Street where there is already access through

    to Highway 98 but there are utilities under the street. Mr. Brynes said if this route were to be taken the

    streets would have to be reconstructed, which would be costly. Councilmember Feagle agreed the City

    should negotiate with the railroad for the property near Loughridge Park. Councilmember Feagle

    asked if using this route would pose a problem later if the City were to construct ball fields at

    Loughridge Park. Mr. Brynes said no.

    Another issue Mr. Brynes discussed was that the Department of Environmental Protection (DEP) wants

    the City to have an interlocal agreement from the County to the effect that the County would say it was

    okay for the City to put something (in this instance, the spray field) in the county that services the city

    residents. Councilmember Everett asked if this was a mandate from DEP or a request. Mr. Brynes

    said he believes this is a mandate from DEP.

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    Page 5, January 28, 2003, Council Minutes-Regular Session

    Continuing discussion about the spray field, Mr. Brynes said there are about 280 acres that will have to

    be cleared by the City. Mr. Brynes said there are planted pines that have to be removed. Saying it

    would be a nice thing to do, Councilmember Everett suggested the City offer the trees up to the

    community for people to get the trees.

    Referring to the Citys 100th anniversary, Mr. Brynes told the Council Angela Castelucci, staff writer

    with Perry Newspapers, Inc., had researched and found the Citys incorporation date to be May 1903.

    AGENDA ITEM (8)DEPARTMENT HEADS.

    Director of Community Development, Billy LaValle, told the Council two positions on the Citys

    Construction Board of Adjustment and Appeals will expire soon and one individual has agreed to serve

    another term. Mr. LaValle said the other individual would be unable to continue to serve and that

    position would need to be filled by another contractor. Councilmember Everett asked if the individual

    would have to have residence inside the city limits, as he might know someone willing to serve. Mr.

    LaValle said he would check to be sure and let Councilmember Everett know before the next Council

    meeting.

    AGENDA ITEM (9)CITY COUNCIL REQUESTS.

    Councilmember Feagle said she would like to see more department heads attend the Council meetings,

    especially the Recreation Director. Councilmember Feagle said there are a lot of recreation issues and

    the Council and staff would soon begin budget discussions. Mr. Brynes said the Recreation Director is

    frequently attending to recreational events and meetings.

    On another matter, Councilmember Feagle asked the Citys policy on bids concerning putting

    information out and receiving bids for projects. Councilmember Everett asked for clarification as to

    bids and quotes. Mr. Brynes said, with a quote, staff could telephone someone and ask what they

    charge for something. Councilmember Feagle then asked the protocol for bids and asked how much

    time is given to someone to submit a bid. Mr. Brynes said it depends on the item being bid. As an

    example, Mr. Brynes said a bid for a vehicle might be only three to four weeks, whereas a construction

    bid may take four to six weeks. Director of Public Works Barney Johnson said guidelines are in the

    citys purchasing manual.

    Councilmember Feagle said she had received a complaint from an individual who said he did not havesufficient time to submit his bid. Mr. Johnson said this particular individual had given the City a

    specific time when he would have the bid back to the City. Councilmember Everett agreed it would

    be a good thing to have a specific deadline indicated. Dr. Walby commented the City should also be

    consistent with budget deadlines i. e. notifying organizations regarding their budget requests to the

    City. Councilmember Feagle agreed.

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    Page 6, January 28, 2003, Council Minutes-Regular Session

    Councilmember Feagle said she received a call regarding the privacy fence installed at the intersection

    of Jefferson Street and Church Street. Councilmember Feagle said the individual commented on the

    inability to see around the fence for traffic without pulling further out into the road. Chief of Police

    Wayne Putnal commented there is a traffic light at this intersection and when it is red, people should

    stop and when it is green they should go.

    Councilmember Scott asked Mr. Johnson to check on the list of streets she suggested need striping.

    Councilmember Scott asked if the City would continue its policy to work with gas customers during

    the cold season. Mr. Brynes said the City would continue to work with the customers.

    Councilmember Feagle asked if it is always the same customers who come back time after time. Mr.

    Johnson answered yes. Councilmember Everett said the City needs to establish some criteria on this.

    Councilmember Scott asked if Florida Power had been contacted about street lighting. Mr. Johnson

    said they had and that they had made a lot of promises. Councilmember Scott said there might be

    instances where a need for a streetlight falls outside the criteria set by the Council and asked if these

    requests could be decided case by case. Councilmember Scott said the areas of El Rancho and at the

    end of 12th Street near Malloy are very dark. Councilmember Scott requested the Council revisit the

    Citys street light policy.

    Councilmember Everett said he received a call from Mr. Mike Whittingham about his request that the

    Council proceed to look into the matter of his arrest and get the charges against him dropped.

    Councilmember Everett said he told Mr. Whittingham this is not a City Council issue at this point that

    it was the city managers decision. Mr. Brynes said he didnt think it was his decision either. Chief

    Putnal said Mr. Whittingham was arrested for blocking a street that was a city street at that time and

    told the Council if there is any intervention to have charges dropped, the City could face a lawsuit.

    AGENDA ITEM (10)ADJOURNMENT.

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

    adjourned at approximately 7:10 p. m.

    ATTEST:

    _______________________________ _________________________________

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

    Recorded in Official Minute Book:

    ___________________________ _________________________________ Annette Anderson, Secretary Date