CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
January 13, 2004

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

MEMBER ABSENT: Pam Feagle

STAFF PRESENT: Bill Brynes, Barney Johnson, Vern Clark, Billy LaValle, June Byers, Sarah
Drawdy and Annette Anderson

Mayor Frith called the meeting to order and 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 X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Councilmember Feagle was absent due to illness.

Councilmember Alexander was not present at roll call but arrived at approximately 6:05 p. m.

AGENDA ITEM (3)…PRESENTATION OF CERTIFICATE(S) OF APPRECIATION TO CITY

EMPLOYEE(S) FOR YEARS OF SERVICE.

Employee Phyllis Poore was not present.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Everett made a motion to adopt the minutes of
December 16, 2003, Regular Session as written; seconded by Councilmember Scott and upon roll call
vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Councilmember Alexander was not present at roll call but arrived at approximately 6:05 p. m.

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

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

AGENDA ITEM 6(A)…CITY MANAGER TO DISCUSS METHODOLOGY FOR NATURAL GAS

PRICING.

City Manager Bill Brynes presented information regarding the formula and method used for pricing
natural gas. Mr. Brynes explained that within the gas system is operating costs, which include
personnel costs, repairs, etc., which are fixed by budget. Mr. Brynes said fund transfers transferred to
the General Fund are also fixed by budget and the variable costs are the gas supply itself. Mr. Brynes
Page 2, January 13, 2004, Council Minutes-Regular Session

explained these can change everyday and could change drastically from one month to another. Mr.
Brynes said in breaking costs down, this cannot be done by customer but could be done by customer
class, such as residential/business; commercial; and school. Mr. Brynes said the City is buying gas
now for next year. Mr. Brynes said a risk in this could be that gas prices might go down. Discussing
costs to the customer, Mr. Brynes said, overall, changing the formula could prevent a windfall as gas
prices go up. Councilmember Everett further noted that changing the formula could prevent the
customer from paying an enormous rate in the event gas costs go up. Mr. Brynes then reviewed the
present formula and proposed new formula as follows:
Rates for month of December
Old New
Residential/Business 1.72 1.45
Commercial 1.38 1.25
School 1.34 1.17

Mr. Brynes said this would bring the rates down and fits in the budget. Mr. Brynes said this would be
done just for a while. After discussion, Councilmember Everett made a motion to accept the new gas
rate formula as proposed by the city manager above. Councilmember Scott seconded the motion and
upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 6(B)…CITY COUNCIL TO DISCUSS WARNER STREET STORM WATER

PROBLEM.

City engineer Mike Murphy addressed the Council and introduced, Jim Bundy, another member of the
engineering firm. Mr. Bundy reviewed several possible options for the storm water problem on Warner
Street and how these could be accomplished: 1. Drain the storm water out of the low areas and have
the overflow diverted to Spring Creek through a pipe under Highway 98. 2. Raise the level of the
roads. Mr. Bundy said this would probably be a less expensive option and would basically just provide
access in and out of the area. 3. Holding pond. Mr. Bundy said the holding pond would have to be
quite large and the City would have to acquire additional property. Councilmember Scott asked an
approximate cost for this option. Mr. Bundy said he wasn’t certain but it would be more expensive and
he would choose this only as a last option. Councilmember Scott asked if the only way to get rid of the
storm water was to drain into Spring Creek. Mr. Bundy answered yes but a survey would need to be
done. Noting the seriousness of the storm water problem, Councilmember Scott said she would like to
ask staff and Councilmembers for permission and resources to have the survey done. Mr. Bundy said a
preliminary survey of the ground would have to be done to see if this option would work. Mr. Bundy
said one other possibility, though expensive, would be to construct additional access to the area.
Page 3, January 13, 2004, Council Minutes-Regular Session

Mayor Frith suggested a survey could be done first and then the Council could look at which option
would be more feasible. Councilmember Everett said he had no problem with this as long as a local
surveyor is used. It was the consensus of the Council that the engineer bring back a proposal at the
next Council meeting.

AGENDA ITEM 6(C)…CITY COUNCIL TO DISCUSS HEALTH INSURANCE FOR RETIREES.

(TABLED FROM DECEMBER 16, 2003 COUNCIL MEETING).

Mayor Frith began discussion stating the City has a written policy pertaining to retiree insurance.
Mayor Frith said if the Council deviates from this policy the policy would have to be rewritten and the
Council could be getting into administrative matters. Councilmember Everett said, this being the case,
the city manager should follow the policy. Councilmember Everett said if there are any alternatives,
there should be strong consideration of what the economic impact going forward would have on the
City. Councilmember Everett asked if there was any further information on possible supplemental
insurance that might be available to retirees. Mr. Brynes said staff had brought information to the
Council at the last meeting and there appeared to be no interest (from the retirees). Councilmember
Scott asked if staff managed to look into the possibility of companies who offer just prescription plans.
Councilmember Everett said there are numerous prescriptions plans he sees advertised.
Councilmember Scott said she still does not know the best thing to do at this time. Councilmember
Everett said, he too, does not know what would be best. Councilmember Everett said he had been
thinking of whether there might be a one-time option that could help the immediate situation that
would not change the policy. There was some discussion of the number of employees who could be
retiring in the next five years. Mr. Brynes also noted if changes were to be made to the policy there are
those retirees who do not currently receive insurance benefits that could come back and request
benefits. Mayor Frith reviewed the current policy whereby retirees receive $4.00 up to five years for
every year of service.

Again, Councilmember Everett asked if there was something that could be done on a one-time basis
without setting a precedent. Mr. Brynes said the City could end up providing a greater benefit to the
retirees than to its full-time employees. Councilmember Everett commented the policy was a good one
at the time, providing a supplement to the retiree to get them to Medicare age. Councilmember Everett
said an employee chooses retirement and should consider this before retiring.

There was a brief lull in conversation after which Mayor Frith commented that as long as the Council
does not deal with the issue, the policy would remain as is. Councilmember Scott said it seems the
only way to deal with the issue might be to rewrite the policy. Councilmember Everett questioned
whether this would be fair to the majority. Councilmember Everett said it seems there is no way to
deal with the issue this meeting as Councilmembers appear not to be prepared to say one thing or
another. Councilmember Everett commented the Council could let the issue “die” tonight or revisit the
policy to see if it could be changed in a way that could be feasible. Councilmember Alexander said he
Page 4, January 13, 2004 Council Minutes-Regular Session

would like to see the Council revisit the policy, as he did not feel good about not doing something for
the retirees and he made a motion to this effect. Mr. Brynes told the Council there are a number of
retirees that are not on this plan and reminded the Council that right now the City is doing something
(providing supplement) and that the State also provides a supplement. Mr. Brynes said if the policy is
made too attractive, those individuals who retired years ago could come back and request they be
allowed to participate. Mr. Brynes asked if the Council could tell those individuals they could not
participate.

Mayor Frith noted Councilmember Alexander had made a motion that the insurance supplement policy
for retirees be revisited. Not immediately hearing a second to the motion, Mayor Frith asked if, under
the current policy, retirees could participate in the City’s health insurance plan past the five years. Mr.
Brynes answered, yes, but they would receive no subsidy after the five years. Mayor Frith called for a
second to the motion. Hearing none, Mayor Frith stated the policy would continue to stay as it
currently is until the Council does something differently or brings the issue back at a later date.

AGENDA ITEM 6(D)…CITY COUNCIL TO DISCUSS ISSUE RELATING TO HOYT RAGAN’S

REQUEST FOR REIMBURSEMENT COSTS ASSOCIATED WITH INSTALLATION OF A LIFT
STATION. (TABLED FROM DECEMBER 16, 2003 COUNCIL MEETING).

Mayor Frith opened discussion asking if there was any further evidence to present. City Manager Bill
Brynes and Director of Public Works Barney Johnson stated there were none. Mayor Frith asked if it
was correct that there had been an agreement reached between the City and Mr. Hoyt Ragans that Mr.
Ragans would purchase the lift station, the City would install and maintain it and it would be the City’s
lift station. Mr. Brynes and Mr. Johnson agreed this was the agreement. Mayor Frith asked if Mr.
Ragans agreed he gave the lift station to the City. Mr. Johnson commented, “Not according to his
attorney.”

Councilmember Everett said he thinks Mr. Ragans has a legitimate and fair argument in that permitting
the developer of the strip mall use of the lift station provides an unfair business advantage.
Councilmember Everett said Mr. Ragans should be reimbursed 100 percent for the cost of the lift
station, but not for labor. Mayor Frith questioned if others (whose lift stations the City installed and
maintains) should also be reimbursed. Councilmember Everett commented these should be addressed
one at a time.

Councilmember Scott commented if someone gives you something, it is yours, and they cannot tell
you what to do with it. Councilmember Scott said once the lift station became the City’s, it is the
City’s lift station. Councilmember Scott said she is of the opinion the City move along with its lift
station and that Mr. Ragans has nothing to do with it. Ms. Emily Ketring made reference to Mr.
Ragans being mandated to put in a lift station. Councilmember Scott addressed Ms. Ketring to say that
Mr. Ragans chose to give the lift station to the City and the City can choose what to do with it. Mr.
Johnson said Mr. Ragans could have used existing septic tanks that were there. Councilmember
Page 5, January 13, 2004, Council Minutes-Regular Session

Everett asked if the developer of the strip mall has an option. Mr. Johnson said no because there is a lift
station for them to use. Councilmember Everett asked what would be required of the next person. Mr.
Johnson said if (city) sewer is not available that person could put in a septic tank if he chooses to do so,
if permitted by the health department.

Councilmember Everett then made a motion that the City reimburse Mr. Hoyt Ragans 100 percent for
the cost of the lift station. The motion was seconded by Councilmember Alexander and upon roll call
vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Mayor Frith said this item would not be revisited.

AGENDA ITEM 6(E)…INTRODUCTION AND FIRST READING – ORDINANCE NO. 780

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA AMENDING ORDINANCE NO. 601, AS
AMENDED, BY AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF FPERRY AS
AUTHORIZED BY ORDINANCE NO. 601, AS AMENDED, PROVIDING FOR A CHANGE IN
ZONING FROM RESIDENTIAL, SINGLE FAMILY-ONE (RSF-1) TO COMMERCIAL
NEIGHBORHOOD (CN), AS STATED HEREIN, OF CERTAIN LAND WITHIN THE CITY OF
PERRY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT
AND PROVIDING FOR AN EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 780 be read by title only. The motion was
seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle ABSENT
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Director of Community Development Billy LaValle told the Council the application for change in
zoning had been before the City’s Planning and Zoning Board, notices had been sent out, and there had
been no opposition. Mr. LaValle said the Planning and Zoning Board recommends passage of this
ordinance. Mayor Frith noted the ordinance would be back for public hearing and final reading at the
next Council meeting, January 27, 2004.

AGENDA ITEM 6(F)…CITY COUNCIL TO DISCUSS MINIMUM REQUIREMENTS OF

WORKERS’ COMPENSATION/LIABILITY FOR OUTSIDE CONTRACTORS (TABLED FROM
DECEMBER 16, 2003 COUNCIL MEETING).

Councilmember Everett said he requested this item be discussed. Councilmember Everett expressed
concern about the City’s liability when hiring general contractors without requiring the contractor to
submit a workers compensation exemption form. Mr. Brynes said even if a person provides a
Page 5, January 13, 2004, Council Minutes-Regular Session
Page 6, January 13, 2004, Council Minutes-Regular Session

certificate of exemption they have to prove to you they are covered and they have not exempted
themselves. Councilmember Everett said he thinks the City should require an exemption form before
work begins as a means to limit the City’s exposure to liability. Mr. Brynes said staff agrees. When
asked, Director of Community Development Billy LaValle said the City does require an exemption
form be in place. Councilmember Scott asked what is to be done at this time. Councilmember Everett
said nothing need be done right now.

AGENDA ITEM 6(G)…CITY COUNCIL TO DISCUSS RULES/METHODS RELATING TO

TRANSIENT MERCHANTS (TABLED FROM DECEMBER 16, 2003 COUNCIL MEETING).

With the consensus of the Council, Mayor Frith directed this item be tabled to the January 27, 2004
Council meeting.

AGENDA ITEM 6(H)…CITY COUNCIL TO DISCUSS PROPOSED CODE ENFORCEMENT

ORDINANCE. (TABLED FROM DECEMBER 16, 2003 COUNCIL MEETING).

With the consensus of the Council, Mayor Frith directed this item be tabled to the January 27, 2004
Council meeting.

AGENDA ITEM 6(I)…PROCLAMATION – ARBOR DAY, JANUARY 15, 2004.

Mr. LaValle invited the Council and others to a tree-planting ceremony on Thursday, January 15, 2004
at the west end of the Woodlawn Cemetery. It was the consensus of the Council to approve the
proclamation.

AGENDA ITEM 6(J)…RESOLUTION NO. 2004-01; A RESOLUTION OF THE CITY OF PERRY

URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING
MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION.

Mr. Brynes told the Council the Mayor of the City of Tallahassee and Florida League of Cities had sent
a copy of the resolution requesting the Council’s consideration of approval. After a brief discussion, it
was the consensus of the Council to take no action on this item.

AGENDA ITEM 6(K)…CITY COUNCIL AND STAFF TO DISCUSS MONTHLY FINANCIAL

STATEMENT.

Mr. Brynes provided a brief discussion.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes told the Council the next meeting of the Suwanee League of Cities would be January 26,
2004. Councilmember Scott, Mayor Frith and Mr. Brynes indicated they would plan to attend.
Councilmember Everett and Councilmember Alexander said they would be unable to attend.

Mr. Brynes told the Council he would be in Live Oak Thursday, January 15, 2004 and would bring up
the Warner Street storm water issue with Suwannee River Water Management District.
Page 7, January 13, 2004, Council Minutes-Regular Session

AGENDA ITEM (8)…DEPARTMENT HEADS.

Mr. LaValle told the Council the City’s Tree Board members would like the Council to request the
Board’s help with placement and selection of trees for the Gerald Walker Park. Councilmembers told
Mr. LaValle the City would like to request the Tree Board’s help with the project.

Ms. June Byers, Attorney in attendance for Attorney Bill Blue, told the Council Mr. Blue requested that
if the Council wishes to pursue amendment of the City Charter, the Council should vote and provide
direction to the city attorney. It was the consensus of the Council to table this item of discussion.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Scott said she would like to request the item of Council discussion for ways to
increase revenue be placed on the agenda for the next meeting.

Councilmember Scott asked for an update on a tree that is to be cut on Goff Street. Mr. Johnson said
the City does not yet have a bucket truck.

Councilmember Alexander asked about street paving. Mr. Johnson said he had met with the engineer
recently and the surveying is being done and then the design has to be done. Councilmember
Alexander specifically spoke about Beverly Street. Mr. Johnson said Beverly Street was not included
in the original list of streets and that it would need to be added if the Council wanted it. Mr. Johnson
said the street could be added later.

Councilmember Scott asked about the paving of Bryant Street. Mr. Johnson explained the County had
started work on this but has since backed out of paving it.

Mayor Frith addressed an issue pertaining to the City’s representation on the Doctors’ Memorial
Hospital Board. Mayor Frith told the Council the City was promised it could have two members serve
on the hospital board. Mayor Frith said, as he remembered it, it was a promise that when the new
hospital was built the City would be able to appoint two members to the hospital board. Mayor Frith
said during construction the hospital asked two individuals (Mr. Page and Mr. Stefani) to be the City’s
representatives on the board. Mayor Frith said in a conversation prior to December, Mr. Page said his
term had expired and if the City wanted him to continue he would do so but if not, he would resign.
Mayor Frith said he had heard that Mr. Stefani had resigned. In making inquiries of hospital
administration, Mayor Frith said he was informed both members had terms that did not expire until
May 31, 2005. Mayor Frith said he talked to the Clerk of Taylor County Board of County
Commissioners and was told nothing had come through them. Mayor Frith suggested bringing the
matter to a head. Mayor Frith said he thinks the City should have representatives on the board that
Page 8, January 13, 2004, Council Minutes-Regular Session

reside within the City of Perry, who has the City’s interests at heart. Mayor Frith suggested the city
manager could write a letter to the hospital administrator, Jim McKnight. Councilmember Everett
suggested minutes (June 2000) be reviewed to be sure of the hospital’s obligation.

On another item of discussion, Mayor Frith said in conversation with Mary Lou Whitfield, Ms.
Whitfield said she would like to see the roadway Pinecrest South (E. Green Street near the new
elementary school) renamed Gladys Morse since the old Gladys Morse Elementary School had been
renamed and turned over to Senior Services. Mr. Johnson said this road is in the County and owned by
the School Board. Mayor Frith said he would talk with the Senior Services director about renaming
the senior center Gladys Morse.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:05 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date