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CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
November 14, 2000

MEMBERS PRESENT: Tom Moore, Shirley Scott, Bill Alexander, Richard Frith, Don Cook

STAFF PRESENT: Bill Brynes, Billy LaValle, Luther Gunter, Bill Blue, 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 Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

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


EMPLOYEE(S) FOR YEARS OF SERVICE.

The two employees were not present to receive their certificates.

PRESENTATION OF PLAQUES OF APPRECIATION TO RETIRING PLANNING AND ZONING


BOARD/BOARD OF ADJUSTMENT MEMBERS GEORGE CLAYTON AND SHAHENE
NESHAT.

Mayor Frith presented the plaques of appreciation to Mr. Clayton and Mr. Neshat and commended
them for their service to the City. Mr. Clayton and Mr. Neshat thanked the Council for the opportunity
to serve. Mr. Neshat addressed the Council saying that expertise and experience does not need to be
built into the Board. Mr. Neshat commented that the land development administrator should be the
expert, with the Board voicing views on an issue. Referrring to members (retiring), Mr. Neshat said
turnover brings new ideas and thoughts to the Board.

City Attorney Bill Blue introduced his nephew, Justin Blue, to the Council. Mr. Blue explained that
Justin is a member of the Weeblos (Cub Scouts) and one of the requirements of the Weeblos is that he
attends a public function.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES.

After a brief review of the minutes, Councilmember Moore made a motion to adopt the minutes of
October 24, 2000, Regular Session as written; seconded by Councilmember Cook and upon roll call
vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X
Page 2, November 14, 2000, Regular Session City Council Minutes

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

Mayor Frith began by saying he had received a letter from John and Gail Dickert who own
(commercial) property that they say has been flooded repeatedly by stormwater over the past couple of
years or so. Mayor Frith said there continues to be a problem of water at the corner of Quincy and
Main Streets flooding into several businesses. Mayor Frith said this problem has been addressed many
times with Director of Public Works, Barney Johnson contacting the State Department of
Transportation (DOT). Mayor Frith said that in DOT’s letter to Mr. Johnson, they basically said that
they sent someone to look at the problem as to what effect, if any, Jefferson Street contributes to the
problem. Mayor Frith read from the letter received from DOT. Mayor Frith said the individual from
DOT said there is a 200-ft strip along Jefferson Street (0.15 acres) that contributes to the runoff of
storm water to that intersection but the total area that contributes runoff to that intersection is 6.65
acres. Mayor Frith said the individual said it could be seen that the runoff from Jefferson Street (SR
55) is a very small percent of the water, which ends up in that intersection. Mayor Frith said the
individual notes that the nearest storm drain pipe on Jeffersons Street (SR 55), is in the middle of the
street and about 10 feet deep. The individual said the costs involved with trying to collect that small
amount of runoff outweigh the benefits and he sees the problem as the lack of inlet opening size due to
the outdated type of inlets. Mayor Frith said the individual notes in the letter that he did not analyze
the pipe capacity in the main line going south, but new and improved inlets in the interesection would
probably solve the problem.

City Manager Bill Brynes said this (drainage) has been a problem for some time. Mr. Brynes
suggested having the City’s engineer come and look to see what pipe capacity could be put in. Mr.
Brynes commented that maybe changing the inlets would help.

Ms. Dickert addressed the Council and suggested three inlets be put in. Ms. Dickert said she would
disagree with the DOT engineer and said the engineer did not contact anyone who is affected by this
drainage problem. Ms. Dickert gave a brief background of the damage the stormwater runoff has
caused to her property. Ms. Marsha Tyson, First Union Bank, also addressed the Council about the
problems this stormwater runoff causes for the bank and its customers.

Mayor Frith said the city manager would contact the city’s engineer to come look at this area and
determine some options for the city. Mayor Frith said Mr. Brynes could then bring this report to the
Council. Mayor Frith suggested that the City should encourage DOT to contribute in helping to solve
the problem. Ms. Dickert asked that this intersection be looked at during a time of heavy rain.
Councilmember Cook suggested staff try and obtain video of the stormwater runoff of this area during
a time of rain.

Ms. Sharron Dorman, representing Main Street Perry, Inc., and the downtown businesses, addressed
the Council to request assistance from the City and the Perry Police Department for upcoming
Christmas activities. Ms. Dorman said the groups want to host a downtown Christmas parade, carriage
Page 3, November 14, 2000 Regular Session City Council Meeting

rides, etc., and are requesting that Washington Street from Hampton Springs Avenue to East Marqurite
be closed from 5:30 p.m to 9:00 p.m. on Friday, December 1, 2000. Ms. Dorman said there will be a
6:30 p. m. ceremony held in the back lot of the courthouse and asked that a representative from the
City extend a welcome speech. Ms. Dorman also asked assistance from the City for help with clean up
after the activities. Mayor Frith commented that the City has supported and helped with the holiday
activities in the past and will continue to do so. It was the consensus of the Council that Ms. Dorman’s
request be approved.

City Manager Bill Brynes brought an item before the Council concerning the possibility of removing a
tree located next to Ms. Dorman’s business at Washington and Green Street. Mr. Brynes explained that
the tree has become quite large and the roots are causing a problem with the sewer lines located in this
area. Ms. Dorman said she has had to call the City because of sewer problems and the sidewalk is
broken up because of the tree roots. The question was asked if this would conflict with the City’s tree
ordinance. Mr. Brynes said he did not think so because of the damage to city utilities. Director of
Community Development Luther Gunter said he recently brought this matter to the City’s Tree Board
but at that time was not aware of the effect on city utilities. Mr. Gunter said if this was the case, the
matter would not have to go before the Tree Board. It was the consensus of the Council that the City
remove the tree at this location due to the damage being caused by the tree (roots) and replace it with a
more suitable tree.

Mr. Lester Knowles, 123 Magnolia, addressed the Council to oppose Pizza Hut’s proposed
construction of a driveway onto Magnolia with the current expansion of the business. Mr. Knowles
said the residents in that area do not want a driveway there that empties into their neighborhood. Mr.
Knowles said a driveway there would cause more traffic on Magnolia and, if this is allowed, adjacent
business owners could request the same, adding to the traffic problem. Mr. Knowles said Magnolia
needs to be kept a residential road and not make it a commercial one. Mr. Knowles said there is
already access from U. S. 19 and off west Pine Street and these could be used. Mr. Knowles said he
and other residents in that area is upset because they were not aware of these plans. Mr. Knowles said
there was no advertising and no public notice to residents and he felt there should have been notice.
Mr. Knowles also spoke against the driveway for safety reasons. Mr. Knowles said there are at least
three school buses that stop at the driveway in front of his house on Magnolia. Mr. Knowles said there
are no sidwalks so the children end up walking in the street and he has concern there could be an
accident.

Councilmember Moore said he had been contacted by a number of residents who questioned why
notice was not sent to them while the approval process was taking place. Mayor Frith commented that
the decision had never come before the Council, but he had received calls regarding this also.
Councilmember Moore said he is not against Pizza Hut, but there seems to be an internal problem.
Director of Community Development Luther E. Gunter, Jr., said there was no letter sent out on the site
plan review and the City’s Land Development Regulations (LDR) do not require notice be sent out to
Page 4, November 14, 2000, Regular Session City Council Meeting

residents on a site plan. Referring to some past discussion of home occupational licenses,
Councilmember Moore said the idea was to not put additional traffic or customers in a residential area.
Mr. Gunter stated that the site plan was heard by the City’s Planning and Zoning Board and approved
on June 5, 2000. When asked by Councilmember Moore how many sets of plans there were, Mr.
Gunter said there were two due to landscaping issues on the first plan. City Attorney Bill Blue said
these decisions were made based on the current LDR’s, which were drafted long before he, Mr. Gunter
and most of the Council were here. Mr. Blue said there is an obvious flaw in the LDR’s. Mr. Blue said
the way the LDR’s are designed is that if there is a change in use, as the term is used in the LDR
context, landowners are notified. Mr. Blue said in the realm of the LDR’s if somone owns commercial
property and renovates an existing structure and keeps the use consistent, there is nothing that triggers
a notice. Mr. Blue said there is nothing to prevent the City to change this in the future, but he does not
want the public to think the Planning and Zoning Board or Mr. Gunter have done anything
inappropriate. Councilmember Moore said there was nothing inappropriate, but those residents should
have been notified out of courtesy.

Mr. Blue said the Council and staff has recently discussed streamlining such processes, but notices do
prolong the process. Mr. Blue said (you) should be cognizant that when a notice is provided, this
causes a delay. Councilmember Moore asked Mr. Gunter if he could have requested the entrance/exit
be on another street. Mr. Gunter said he could have requested it, but there was nothing substantial to
request it and the City could not prohibit Pizza Hut from having the driveway at that location.

Mr. Phil Henderson, Pizza Hut representative, spoke to say that, from a zoning standpoint, Magnolia
separates residential from commercial.property and the street is a dividing line. Mr. Henderson agreed
that Mr. Gunter could have asked Pizza Hut to put the driveway on the other street, but the driveway as
planned conforms to every rule of the state and the city. Mr. Henderson said the property is set up to
function like this as a commercial property. Mr. Henderson said he understands the concerns but
another side entrance on the property does not work for delivery trucks to access the building. Mr.
Henderson said Pizza Hut is investing $1 million into the community and will create paychecks for
some 54 to 74 employees. Councilmember Moore said he does not think the idea is against Pizza Hut,
but out of common decency residents should have been notified. Mr. Gunter said he is hired by the
City to keep consistent practices of what has been in the past and enforce the city’s law. Mr. Gunter
said this (issue) is not a creation of his own. Mr. Gunter said he is getting feedback that he is doing
something different, but this has been the past practice of the city. Mr. Gunter commented that if he is
doing something wrong, the city is doing something wrong.

Councilmember Cook asked if the plans had been advertised and there was a “ground swell” of
opposition from the community, could the Planning and Zoning Board have said no. Mr. Gunter said
they could have made that request of Pizza Hut. Councilmember Cook commented then that Planning
and Zoning could have made the request but did not have the authority to say no. Mr. Gunter said
doing so would have set a precedent and would mean that no store could have a driveway onto that
road in the future. Mr. Gunter said, presently, this property is commercial intensive and the city would
Page 5, November 14, 2000, Regular Session City Council Meeting

have to deny every other request or face a lawsuit. Councilmember Moore said he thinks there is some
discretion in the City and in the Mr. Gunter’s department that is not being excercised. Mr. Gunter
replied that he disagreed.

Mayor Frith said he thinks Mr. Gunter has been placed in a tenuous situation in that he has been asked
to hurry some things and now he is being chastised. Councilmember Moore said all that was asked for
was a courtesy letter (notifying the residents). Mr. Blue said in giving a courtesy letter, you are giving
notice in advance of an event, which would prolong the process. Mr. Blue said, since the Council
(City) pays him for advice, he would like to share his thoughts on the matter. Mr. Blue said that what
happened in this case is nothing new. Mr. Blue said it does not make it right but it is nothing new as
this is the same practice that has been at the city since before he or Mr. Gunter. Mr. Blue said this
could be changed if Council gives direction later as to what they want to do in respect to this. Mr. Blue
said the City’s LDR’s are not written in stone, but they should be treated as though they were written in
stone. Councilmember Cook asked if the Planning and Zoning Board could have denied the site plan.
Mr. Blue said they could have using evidence of traffic count, speed and safety reasons, but they
should not have. Mr. Blue said what happened was not improper and is consistent with what has been
done in the past. Mr. Blue said the Council may be asked to revisit this matter but he would suggest
that the Council does nothing because, in his opinion, the Council does not have the facts (traffic
count, safety reasons, children, speed, etc.).

Councilmember Scott asked when a request goes before the Planning and Zoning Board, does the
Board look at it to see if there will be some impact or do they just look at it and see if it meets the
guidelines in the LDR’s? Mr. Blue explained the permit that comes before the Board has with it its
own guidelines and list of things to consider and that is what the Board considers. Councilmember
Moore said he feels a commitment has been given to Pizza Hut and he has sympathy for the residents.
Councilmember Moore said the Council could control traffic flows and prevent big trucks from going
down the street. Mr. Brynes said he does not think this can be done, as these trucks are allowed to
have access to make deliveries to businesses.

Mr. Henderson said he came in from Alabama for the meeting for the purpose of trying to help as much
as possible within the budget he has. Mr. Henderson said the restaurant will be an upscale one, and he
is trying to make it as pleasing as possible. Mr. Henderson said the site is a compromise for the money
because it has 48 parking spaces and he would like to have 60 spaces. Mr. Henderson said additional
landscaping has been done also. After further discussion, Mr. Henderson said, if the City would send
him a request in writing that he please consider moving the existing driveway to a secondary location,
he would present it to the corporate office. Mr. Henderson said the corporation has every right to reject
the request, that there is no guarantee, but he would personally present it to them. Mr. Henderson asked
that he be allowed to work off the existing site plan without having to have the plans redrawn.
Councilmembers agreed. Mr. Henderson agreed to hold off construction of the (Magnolia) driveway
until there has been a response from the Pizza Hut corporate office. Mr. Gunter said he would draft the
letter to Mr. Henderson making this request.
Page 6, November 14, 2000, Regular Session City Council Meeting.

Councilmember Scott addressed Mr. Henderson saying she, as well as the other members of the
Council, appreciate his willingness to try to accommodate the process and offer to try to establish
another access even though he is not obligated to do so. Councilmember Scott then addressed Mr.
Gunter saying, “It seems like time and time again (we) beat you up for doing what we pay you to do.”
Councilmember Scott said, “we learn to do by doing and hope to learn to do the LDR’s in a different
way when it applies to residential areas.” Councilmember Scott said she would like to apologize to
Mr. Knowles and other residents of that area for their duress during this process.

AGENDA ITEM 6(A)…INTRODUCTION AND FIRST READING-ORDINANCE NO. 739

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, ESTABLISHING AUTHORITY,


GUIDELINES AND DISCRETION FOR THE PERIODIC AWARD OF LUMP SUM BONUSES TO
CITY EMPLOYEES AND PROVIDING AN EFFECTIVE DATE.

Councilmember Cook suggested a change in verbage pertaining to “…with pay and benefits
comparable to what other small local governments pay their employees….” Councilmember Cook
suggested changing the verbage to read “…with pay and benefits comparable to other area
employers….” The Council was in agreement with the change of verbage.

Councilmember Scott asked if the bonus to employees was a one-time deal. City Attorney Bill Blue
said the ordinance does not require the Council to do anything at all. Mr. Blue said the ordinance
authorizes the Council (City) to pay what it said it would pay the employees. Mr. Blue said the
ordinance also permits the Council (City) to pay a bonus again in the future without having to draft
another ordinance again in the future. Mayor Frith said the ordinance is not saying a bonus will be
given in lieu of raises in subsequent years.

After discussion, Councilmember Scott made a motion that Ordinance No. 739 be read by title only.
The motion was seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

The secretary read Ordinance No. 739 by title only. The public hearing and final reading will be at the
regular meeting of the City Council on Tuesday, November 28, 2000.

AGENDA ITEM 6(B)…CITY COUNCIL TO APPROVE STATEWIDE MUTUAL AID


AGREEMENT.

City Manager Bill Brynes told the Council there is already an agreement in place and this agreement
just updates the current agreement. Mr. Brynes said the city is being requested to adopt this updated
Page 7, November 14, 2000, Regular Session City Council Meeting

agreement. Councilmember Moore made a motion to adopt the updated Statewide Mutual Aid
Agreement. The motion was seconded by Councilmember Alexander and upon roll call vote was as
follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM 6(C)…CITY COUNCIL AND STAFF TO DISCUSS NATURAL GAS


RELINQUISHMENTS.

City Manager Bill Brynes briefly explained that the City owns space on the gas pipeline for which it
pays a certain rate. Mr. Brynes explained those rates as FTS 1 (.43 cents), FTS 2 (.76 cents) and SFTS
(.79 cents). Mr. Brynes said the City owns 2,880 units a day (86,400 per month) but may only use
12,000 units a month. Mr. Brynes said the City has the opportunity to give its entire (gas) capacity to
someone else (at the rate of .79) and buy capacity back from someone else at the lower rate of .43
cents. Mr. Brynes said he is proposing that the City do this. Mr. Brynes said there could be a savings
to residential customers of $3 to $5 on their monthly bill and possibly $30 to $45 savings per month
for businesses. Mr. Brynes told the Council the City could take back its original capacity at any time if
needed. After a brief discussion, Councilmember Moore made a motion that the City sells its natural
gas capacity at .79 and buys at .43 with the assurance that the City could take its capacity back at
anytime if needed. The motion was seconded by Councilmember Scott and upon roll call vote was as
follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM 6(D)…CITY COUNCIL AND STAFF TO DISCUSS ELEVATED WATER TANK
MAINTENANCE CONTRACT AND UTILITY SERVICE COMMUNICATIONS MANAGEMENT
PROGRAM.

City Manager Bill Brynes told the Council the maintenance contract for the elevated water tank located
near Citizens’ Bank had expired and the City sent out bids for another maintenance contract. Mr.
Brynes said only one bid was received. Mr. Brynes said Utility Service, Co., Inc. in Perry, Georgia
had submitted a bid but he told them the City was not interested in that bid (amount). Mr. Brynes said
after further discussion with Utility Services, Co., Inc., they submitted an amended bid of $95,206.
Mr. Brynes suggested the amended bid of Utility Services, Co., Inc., be accepted. Councilmember
Page 8, November 14, 2000, Regular Session City Council Meeting

Cook made a motion to accept the bid of $95,206 and approve the contract between the City of Perry
and Utility Services, Co., Inc., for elevated water storage tank maintenance. The motion was seconded
by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

Mr. Brynes said Utility Services, Co., Inc., is also attempting to market the installation of
telecommunicaitons antennae on elevated water stoarage tanks. Mr. Brynes explained that up to three
antennae could be put on a tank and (Utility Services) would collect about 15 percent to lease the
space. Mr. Brynes said the City would get about 85 percent to pay for the maintenance contract. After
a brief discussion, it was the consensus of the Council that the City contracts with Utility Services, Co.,
Inc. for wireless communications management agreement.

AGENDA ITEM 6(E)…CITY COUNCIL TO APPOINT/REAPPOINT INDIVIDUAL AS THE


CITY’S REPRESENTATIVE TO THE TAYLOR COUNTY DEVELOPMENT AUTHORITY
BOARD.

Mr. Brynes told the Council Mr. Jim Bassett has agreed to serve another term, if the Council wishes.
Councilmember Moore made a motion to reappoint Mr. Jim Bassett to another term as the City’s
representative to the Taylor County Development Authority Board. The motion was seconded by
Councilmember Cook and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes noted that the second City Council meeting date of December would be Tuesday,
December 26, 2000.

Councilmember Scott made a motion that the second regular City Council meeting on December 26,
2000 be cancelled due to the Christmas holidays. The motion was seconded by Councilmember
Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore X
Mayor Frith X
Page 9, November 14, 2000, Regular Session City Council Meeting.

AGENDA ITEM (8)…DEPARTMENT HEADS.

There was no discussion on this item.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Moore requested additional information be provided on the “City projects in progress”
report. Councilmember Moore said it would be helpful to have the date as to when an item is added to
the list and also the status of each item.

Councilmember Moore suggested that the City should have its own (Internet) web page. Mr. Brynes
said this was already being looked into. Councilmember Moore said he felt the public would communicate through email.
Councilmember Moore said he would also like to see the City’s Code of Ordinances put on the Internet.

Councilmember Scott asked Director of Community Development Luther E. Gunter, Jr., about items he
had requested be discussed. Mr. Gunter said the electrical and safe building codes need to be revised
and updated. Mr. Gunter said there is also a need for a change in the fee schedules. Mr. Gunter said
the fees would never compensate for the expenses, but fees should be more in line with other
municipalities.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 9.10 p. m.

ATTEST:

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

Recorded in official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date

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