CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
July 27, 2004

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

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

Mayor Frith called the meeting to order. Councilmember Alexander 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

AGENDA ITEM (3…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Scott made a motion to adopt the minutes of
July 6, 2004, Regular Session as written; seconded by Councilmember Feagle and upon roll call vote
was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

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

Mrs. Jennie Miller, Dreamland community, addressed the Council to get clarification on the Council’s
decision to provide funding of $40,000 to the Saxton Street Park and $12, 000 for the Heritage Park
and funding for Loughridge Park and the duck pond at Veterans Park. City Manager Bill Brynes
explained that Agenda Item 5(I) Resolution No. 2004-09; a resolution of the City Council amending
the budget of the City of Perry, Florida for the Fiscal Year September 1, 2003 through September 30,
2004 addressed this issue, in that the budget amendment provides for the transfer of funds from gas
reserves for the Saxton Street Park and Loughridge Park. Mr. Brynes said funding for the Heritage
Park and the duck pond would fall in next year’s budget. Councilmembers agreed to discuss Agenda
Item 5(I) at this time:

AGENDA ITEM 5(I)…RESOLUTION NO. 2004-09; A RESOLUTION OF THE CITY COUNCIL

AMENDING THE BUDGET OF CITY OF PERRY, FLORIDA FOR THE FISCAL YEAR
OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004.
Page 2, July 27, 2004, Council Minutes-Regular Session

After discussion, Councilmember Everett made a motion to adopt Resolution No. 2004-09; seconded
by Councilmember Feagle. Upon roll call, vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Ms. Miller then asked the city manager when construction of the park would begin. Mr. Brynes said
the City already had the fencing and he would be contacting the (playground) equipment company
regarding the “fall surface” for layout of the equipment so the property could be prepared for delivery.
Mr. Brynes said he did not know the delivery time yet.

AGENDA ITEM 5(A)…CITY COUNCIL TO DISCUSS PROPOSED BUDGET FOR FISCAL YEAR
2004-05 AND SET THE FIRST PUBLIC HEARING FOR THE PROPOSED BUDGET.

Mr. Brynes discussed the operating budget summary of the proposed budget noting a shortfall of
$626,414. Mr. Brynes said there are no salary adjustments in this budget and the City had not received
the exact renewal quotes for the City’s property, liability and casualty insurance. Mr. Brynes said
increases in organizational requests for funding had not been included in the budget either. Mr. Brynes
said the Taylor County Board of County Commissioners had reduced its recreation funding by $30,000
and if they hold to this the $626,414 would be increased by $30,000.

Councilmember Feagle commented the voters had sent a message regarding the City Charter
referendum in that the City has to balance its budget. Councilmember Feagle said she would like to
see the city manager take the proposed budget and come back in two weeks with a proposed balanced
budget. Mr. Brynes said he could not make the decisions that could balance the budget.
Councilmember Feagle suggested the city manager get with the department heads for ways to cut
expenses and bring back a balanced budget. Councilmember Everett said, by Charter, this is the way it
is supposed to happen, but the city manager cannot make the recommendation but could give the
Council some ideas on balancing the budget. Councilmembers agreed Mr. Brynes bring back a
proposed balanced budget at the next Council meeting. Councilmember Feagle said she would like to
have the proposed budget for review as soon as possible before the meeting.

AGENDA ITEM 5(B)…CITY COUNCIL TO DISCUSS AND SET THE PROPOSED MILLAGE
RATE FOR FISCAL YEAR 2004-05 AND SET THE FIRST PUBLIC HEARING FOR THE
PROPOSED MILLAGE RATE.

Mr. Brynes told the Council the proposed millage rate would have to be set so it could be delivered to
the property appraiser by August 4, 2004. Mr. Brynes reminded the Council that once set, the
proposed millage rate could be reduced but not increased.
Page 3, July 27, 2004, Council Minutes – Regular Session

Councilmember Feagle said her opinion is that there needs to be a balanced budget with the Council
working through the budget without having to raise taxes. Mayor Frith asked the Council if they
wanted to keep the same millage rate or go with the rollback rate. Councilmember Everett commented
the proposed revenue at the rollback rate would be $818,293. Councilmember Everett asked how this
would directly affect the deficit. Mr. Brynes said the rollback rate is not in the proposed budget.
Councilmember Scott asked what effect there would be if the City kept the same millage rate as last
year. Mayor Frith said this would generate approximately $12,000 more. Councilmember Everett
asked if any newly elected Councilmembers had any comments. Mrs. Emily Weed Ketring said she
thinks the Council might want to hold the millage at the same rate as last year. Mayor Frith
commented if the City doesn’t go with the rollback rate, the City would have to advertise the rate as a
tax increase.

Councilmember Scott said she, too, is not one to want to raise taxes but realizes that in some point in
time the City is going to have to generate additional revenue. Councilmember Scott said the City
couldn’t continue to operate at the same rate it is currently operating. After further discussion,
Councilmember Alexander made a motion that the City go with the rollback millage rate for fiscal year
2004-05. Councilmember Feagle seconded the motion and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Continuing discussion, Councilmember Feagle said balancing the budget would take some doing and
require hard decisions but feels the Council is obligated to try to do this. Councilmember Feagle
continued saying she is not for raising any taxes without the Council first doing everything it could to
“lean up” the budget. Councilmember Everett said even the thought of voting an increase doesn’t set
well with him but the Council has to be realistic in its decision-making process. Councilmember
Everett said he is a firm believer that if there is a (budget) deficit, don’t raise taxes--just reduce
expenses.

Councilmember Scott said she is not in favor of a tax increase but is for doing what’s the best way to
operate the City. Councilmember Scott then made a motion that the City’s millage rate for fiscal year
2004-05 remain as last year’s rate at 4.6675. Mayor Frith relinquished the gavel and seconded motion.
Upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X
Page 4, July 27, 2004, Council Minutes – Regular Session

Explaining the City had to set its first public hearing after the School Board and County set theirs, Mr.
Brynes said staff would check on when the City’s first public hearing on the budget and millage would
be scheduled.

AGENDA ITEM 5(C)…CITY COUNICL TO REVIEW AND AWARD STREET PAVING BID.
The City Council reviewed the bid tabulation as follows:

TOTAL BASE AND ADDITIVE BID:

Blue Rok, Inc. Mitchell Bros. Inc. No. Fla. Asphalt, Inc. Anderson Columbia Co., Inc.
$168,265.00 $287,505.00 $298,146.50 $343,795.00

After review of the bids, Councilmember Feagle noted the lowest bid was from a local contractor and
made a motion that the bid for street paving be awarded to Blue Rok, Inc. in the amount of
$168,265.00. The motion was seconded by Councilmember Alexander and upon roll call vote was as
follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(D)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 786

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, RELATING TO AN AMENDMENT OF

TEN OR LESS ACRES OF LAND TO THE FUTURE LAND USE PLAN MAP OF THE CITY OF
PERRY COMPREHENSIVE PLAN, PURSUANT TO AN APPLICATION BY THE PROPERTY
OWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN
SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING FOR A CHANGE
IN LAND USE CLASSIFICATION FROM RESIDENTIAL, LOW DENSITY (LESS THAN OR
EQUAL TO 2 DWELLING UNITS PER ACRE) TO COMMERCIAL 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 Scott made a motion that Ordinance No. 786 be read by title only. The motion was
seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X
Page 5, July 27, 2004, Council Minutes – Regular Session

The secretary read Ordinance No. 786 by title only. Mayor Frith opened the public hearing. There was
no one to speak for or against the Ordinance. Councilmember Everett made a motion to adopt
Ordinance No. 786; seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(E)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 787

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, RELATING TO THE REZONING OF

LESS THAN TEN CONTIGUOUS ACRES OF LAND, PURSUANT TO AN APPLICATION BY
THE PROPERTY OWNER OF SAID ACREAGE; AMENDING THE OFFICIAL ZONING ATLAS
OF THE CITY OF PERRY LAND DEVELOPMENT REGULATION; PROVIDING FOR
REZONING FROM RESIDENTIAL, SINGLE FAMILY-1 (RSF-1) TO COMMERCIAL INTENSIVE
(CI) 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 Scott made a motion that Ordinance No. 787 be read by title only. Councilmember
Alexander seconded the motion and upon roll call vote was as follows:

YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

The secretary read Ordinance No. 787 by title only. Mayor Frith opened the public hearing. There was
no one to speak for or against Ordinance No. 787. Councilmember Feagle a motion to adopt
Ordinance No. 787; seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(F)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 788

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING ORDINANCE NO. 601, AS

AMENDED, BY AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF PERRY 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.
Page 6, July 27, 2004, Council Minutes – Regular Session

Councilmember Feagle made a motion that Ordinance no. 788 be read by title only; seconded by
Councilmember Alexander. Upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

The secretary read Ordinance No. 788 by title only. Mayor Frith opened the public hearing. There was
no one to speak for or against Ordinance No. 788. Councilmember Feagle made a motion to adopt
Ordinance No. 788; seconded by Councilmember Everett and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(G)…PUBLIC HEARING ON AN AMENDMENT TO THE CITY MANAGER’S

RECOMMENDED FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS
2004-09.

Mayor Frith opened the public hearing on the Amendment to the City Manager’s Recommended
Capital Improvements Program for Fiscal Years 2004-09. There was no one from the public to speak
on this issue. City Manager Bill Brynes noted Agenda Item 5(H) is the resolution adopting the
amendment. Mr. Brynes said adopting the resolution could possibly provide points for the City in
applying for grants.

AGENDA ITEM 5(H)…RESOLUTION NO. 2004-08; A RESOLUTION AMENDING THE CITY

MANAGER’S RECOMMENDED FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR
FISCAL YEARS 2004-09 TO ADD CONSTRUCTION OF NEW CITY POOL AT JERKINS PARK.

Councilmember Scott made a motion to adopt Resolution No. 2004-08. The motion was seconded by
Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

AGENDA ITEM 5(I)…RESOLUTION NO. 2004-08; A RESOLUTION OF THE CITY COUNCIL

AMENDING THE BUDGET OF CITY OF PERRY, FLORIDA FOR THE FISCAL YEAR
OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004.

This item discussed earlier.

Page 7, July 27, 2004, Council Minutes, Regular Session

AGENDA ITEM (6)…CITY MANAGER.

Mr. Brynes suggested setting an orientation workshop for newly elected Councilmembers before they
are sworn in and those current Council members who would like to attend on Thursday, August 6, 2004
at 6:00 p. m. Mr. Brynes said the City Attorney would be present at the meeting.

Mr. Brynes told the Council Mr. Blue would also attend the regular session Council meeting
August 10, 2204 to discuss what the vote on the referendum (City Charter) means.

AGENDA ITEM (7)…DEPARTMENT HEADS.

Director of Public Works Barney Johnson told the Council he had received a request for a streetlight at
128 Bullin Lane and it meets the criteria for street light installation. It was the consensus of the
Council the streetlight be installed as requested.

Chief of Police Wayne Putnal reviewed information with the Council pertaining to enforcement of city
ordinances. Chief Putnal said, due to recent Legislature, city ordinances could no longer be enforced
because the state attorney no longer has authority to prosecute. Chief Putnal said his department was
advised not to make any city ordinance cases. Chief Putnal told the Council the Attorney General said
the City could contract with the state attorney to prosecute cases at $50.00 per hour, or the city attorney
could prosecute the cases for a fee, or you could go back to each ordinance and make the ordinances
reflect “non-criminal” (civil) infractions. Chief Putnal said the City Attorney was contacted regarding
this matter. Chief Putnal gave examples of the types of ordinances that could no longer be enforced:
open container, bars open after hours, etc. Councilmember Everett suggested there should be some
type of emergency action taken commenting that if Council voted tonight it would give time to let the
city attorney handle cases (at $80.00 per hour) until the state attorney could be contacted. Chief Putnal
suggested contacting the city attorney first. Councilmember Feagle questioned whether the City
should spend money it doesn’t have to do this. Chief Putnal said Florida Statutes set the time when
bars close but exempts this if the city has an ordinance setting the times when they open and close.
Chief Putnal said a decision should be made whether the city attorney could do this so a case could be
made if needed.

Councilmember Scott made a motion that the city attorney temporarily prosecute worse case violations
of city ordinances as discussed. Mayor Frith relinquished the gavel to Vice Mayor Alexander and
seconded the motion. Roll call vote was as follows:

YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X
Page 8, July 27, 2004, Council Minutes – Regular Session

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Councilmember Everett asked Mr. Brynes if he had any information on recent discussion (last Council
meeting) regarding a vacant lot downtown that possibly could be used for parking space. Mr. Brynes
said he would contact the individual before the next meeting.

Councilmember Scott had no requests but reviewed some of her accomplishments during her term on
the Council: 1. Certificate of Achievement for years of service for city employees. 2. Water cooler
installed at City Hall. 3. Remodeling at City Hall. Other items Councilmember Scott said were
achieved included a turn lane off U. S. 19 onto Thomas Demps Lane, turn lane at Jefferson and Ash
Street, fencing at Jerkins Park and new (playground) equipment. Councilmember Scott noted she was
the first female Councilmember and the first female Mayor of the City.

Mr. Wayne Dunwoody addressed the Council about the fence around Jerkins Park. Mr. Dunwoody
said the fence was ugly, unplanned and disgraceful. Mr. Dunwoody said he had asked for a parking
area and there is none and the trash isn’t being picked up and the grass hasn’t been cut.

Addressing Mr. Dunwoody, Councilmember Everett said he thought the fence was what he
(Dunwoody) wanted. Councilmember Scott said Mr. Dunwoody’s comments about the fence are his
opinions but she is happy to say that his is the only negative opinion she had heard and that when the
fence went up, people in the community near Jerkins Park were very glad to have a fence up.
Councilmember Scott said cars parking in the park are inappropriate. Mr. Dunwoody commented he
would contact Mr. Lipman (referring to the Lipman lawsuit).

Councilmember Scott said she had so many complaints about certain type activity that was taking
place in the park she suggested putting up a sturdy 6’ fence in an attempt to keep cars from parking in
the park. Councilmember Scott said as far as Mr. Lipman, if Mr. Dunwoody invites him to come that
would be just fine. Councilmember Scott said she would discuss this Mr. Lipman.

Councilmember Feagle told the Council Dr. Hedge had since changed his mind about donating
property to the City, which is located near Dorsett Stadium. Councilmember Feagle said Dr. Hedge
said the City could buy the property from him though.

Councilmember Feagle again spoke about a house on Seminole and Plantation, noting there does not
appear to be a fence around the swimming pool. Councilmember Feagle asked staff to check on this
situation.

Councilmember Feagle expressed a concern about the intersection of S. Center Street and Old Dixie
Highway and asked staff to take a look at this.
Page 9, July 27, 2004, Council Minutes – Regular Session

Councilmember Feagle said there is a problem on Bishop Boulevard with excessive speed of drivers.
Councilmember Feagle requested improvements at the duck pond be kept in mind.

Councilmember Feagle expressed her appreciation for Councilmember Scott’s support while on the
Council.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 6:35 p. m.

ATTEST:

_______________________________ _________________________________
William E. Brynes, City Manager Pam Feagle, Mayor

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date