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CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
January 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, June
Byers and Annette Anderson

Mayor Frith called the meeting to order. Councilmember Scott 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 Alexander was not present for roll call but arrived at approximately 6:04 p. m.

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


EMPLOYEE(S) FOR YEARS OF SERVICE.

Employee Stephen Hollowell and LaVonne Blanton were not present to accept their certificate.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Feagle made a motion to adopt the minutes of
January 13, 2004, Regular Session as written; seconded by Councilmember Everett and upon roll call
vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander ABSENT
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

Councilmember Alexander was not present for roll call vote but arrived at approximately 6:04 p. m.

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

Mr. Ed Sheffield, veteran of the Korean War and ex-POW, member of the Veterans’ Memorial Park
committee, Veterans of Foreign Wars (VFW) and American Legion addressed the Council regarding
the Veterans’ Memorial Park project. There were several other members of these various organizations
present. Mr. Sheffield told the Council that members of these organizations are asking the Council to
help them do the right and honorable things for its veterans. Mr. Sheffield thanked the Council for all
that had been done thus far and said when the Council dedicated certain property for the Veterans
Memorial Park, veteran organization members made a dedication to make a veterans’ park. Mr.
Sheffield said, as well as honoring veterans, the park would be beneficial to the community in that it
would attract visitors and the media coverage. Mr. Sheffield said the park would provide educational
Page 2, January 27, 2004 Council Minutes-Regular Session

benefits by providing statistics and history. Mr. Sheffield said all members of the veterans’
organizations had been working hard on this project and would continue to do so, noting also there is a
tremendous community interest in the project. Mr. Sheffield said the estimated cost is $300,000. Mr.
Sheffield said approximately $33,000 had been raised through various events and donations, but
undoubtedly people would expect City and County funding also.

Mr. Sheffield said the groundbreaking ceremony was held November 11, 2003 and the anticipated
completion date of the project would be 2005. Mr. Sheffield said (he) would like to see the City and
County fund the entire cost but if that’s not possible, whatever funding could be provided would be
appreciated.

Mayor Frith said he had talked with several members of the committee over the past few weeks and
doesn’t know what could be done but feels the City should do whatever it could to help. Mayor Frith
commented one driving force behind the project has been Councilmember Feagle who has worked
hard on the project. Mayor Frith asked for comments or suggestions and questioned whether the
Council could guarantee some monies. Mayor Frith spoke about the City’s unrestricted reserves and
the clause in the City Charter that could prevent use of these reserves. Mayor Frith commented the
City shouldn’t spend the reserves recklessly but doesn’t think (providing funding for the park) would
be doing so. Continuing discussion, Mayor Frith said some citizens have said they don’t want the City
to bear the brunt of the cost. Mayor Frith suggested the Council could guarantee certain funding and
each time a donation is received from another government entity or private corporation, that amount
could be subtracted from the amount the City provides.

Councilmember Feagle spoke to say she supports the park project and agreed it would be an asset for
the City. Councilmember Feagle said she would like to see the City fund as much as it could for the
park.

Councilmember Scott said she, too, supports the park but thinks the Council should wait until budget
time. Councilmember Scott said the Council would have a better understanding of how much the City
might be able to give. Councilmember Feagle said if Council waits to look at the budget, there would
be no funding available. Councilmember Scott agreed that when looking at the budget there might not
be any funding for the Park. Councilmember Scott spoke about the City’s unrestricted reserved that
the Council “can’t get to.” Councilmember Scott suggested not saying an exact amount the City might
provide but say instead the City would help. Councilmember Scott said the Council could then discuss
funding after the Council had looked at other things the City needs before deciding how much to help
with the Park.

Councilmember Everett suggested taking monies out of the (unrestricted) reserves to fund the park.
Councilmember Feagle then said she would like to make a motion that the City fund half the cost of
the park at $150,000 for this year. Mayor Frith said if the Council wishes, the City could fund
Page 3, January 27, 2004, Council Minutes-Regular Session

$150,000 and the veterans organizations and committee could find matching funds for the remaining
$150,000, with the option of coming back to the Council. Mayor Frith commented the sooner
beginning the park gets started, the sooner the community would become interested and people would
be more supportive.

Referring to the $33,000 already raised, Councilmember Everett asked how long it took to raise this
amount. Mr. Sheffield said it took two years. Councilmember Everett asked if the veterans had been
before the Board of County Commissioners to request funding. Mr. Sheffield said they were planning
to go before the Board at the Board’s next meeting the following Monday.

Councilmember Everett stated the reserves are only restricted by the City Council and commented
there is more than $5 million in reserves. Councilmember Feagle asked Councilmember Everett if he
would support more than $150,000. Councilmember Everett said he would support $200,000.
Councilmember Alexander said he would like to wait until the veterans had conferred with the Board
of County Commissioners and whatever the County might provide, the City could match.
Councilmember Alexander said he thinks somebody else needs to help with funding.

Councilmember Feagle said she would like to amend her motion that the City contribute $200,000 as a
beginning. There was continued discussion before a second to the motion. Councilmember Scott said
the one word (revenue) in the City Charter keeps the Council from spending the reserves (freely) and
until it is changed it would be a violation of the Charter to use these monies. Councilmember Scott
said she wants the public to know that she supports the park but is concerned about a possible violation
of the Charter if monies are used from the reserves (for the Park).

City Manager Bill Brynes asked if city employees and staff could be used in order to save some
money, if the Council allows use of the reserves for the Park. Councilmembers agreed employees and
staff could be used to save money. Councilmember Feagle restated her motion that $200,000 from the
City’s unrestricted cash reserves be used to help fund the Veterans’ Memorial Park with the option of
coming back to the Council. The motion was 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

The next individual to address the Council was Mr. Idolph Sealey. Mr. Sealey expressed the following
concerns: 1. Bushes and shrubbery around the duck pond at Veterans’ Park had been cut down. Mr.
Sealey said the ducks now have no place to lay eggs and hide from predators. 2. Fire hydrants being
covered by overgrown grass and weeds. 3. The road going to the food distribution center at Jerkins
School is in need of paving. Mayor Frith told Mr. Sealey these items would be looked at and the City
is in the process of trying to get roads paved.
Page 4, January 27, 2004, Council Minutes-Regular Session

Mr. Jimmy Mincy spoke briefly regarding the Veterans’ Memorial Park saying he supports the project
but it would require a lot of hand labor but cash would be needed for the marble, concrete, brick, etc.
Councilmember Alexander spoke to say he doesn’t want the public to think he doesn’t care about the
Park, but he has concerns about violating the Charter.

The next individual to address the Council was Mr. Ocie Flanders, 303 Folsom Place. Mr. Flanders
told the Council the road is in need of maintenance. Director of Public Works Barney Johnson gave a
background of the issue of the road. Mr. Johnson said when the Council began comprising the list of
streets (roads) to be paved, it was learned that the City does not own the road, that it is a private road.
Mr. Flanders commented that city garbage trucks do down this road. Mr. Johnson said this is done so
residents don’t have to place their garbage cans so far away from their residences. Mr. Flanders said
when former Councilmember Thomas Demps was on the Council he had signed a right-of-way deed to
the City for the City to maintain the road. Mr. Johnson said he knew nothing about that. Mayor Frith
told Mr. Flanders if it is learned that the road does belong to the City, it could be added to the paving
project.

Councilmember Scott asked what was done when the City did maintain the road. Mr. Johnson said dirt
was put in and the road graded. Councilmember Scott asked if the City could still do this. Mr.
Johnson said it could if the Council says it is to be done. Noting the road is a private road, Mayor Frith
commented if the City could get something in writing from Mr. Flanders and Mr. Parker, maybe the
City could do something.

City Manager Bill Brynes said he would caution the Council that the next request would be that the
City pave the road. Mr. Brynes said the City does not own the road and cannot pave it as it could cost
$2,000,000 because what’s under the ground. would be a problem. Councilmember Feagle asked Mr.
Flanders if it would satisfy him that the City maintain the road in the manner as it had been done
before. Mr. Flanders said this would satisfy him. It was the consensus of the Council that the City
maintain Folsom Place in the manner as before with dirt and grading.

Another individual to address the Council was Mr. Stacy Holton, 1110 E. Granger Drive. Mr. Holton
requested Page Street be reopened. Mr. Johnson said local surveyor, Mr. Ratliff, had surveyed the road
and the road does not belong to the City. Councilmember Everett said there appears to be a strip of
land that is in question. Councilmember Everett said he talked to an adjacent property owner, Mr.
Loughridge, and Mr. Loughridge was under the impression the City owned the street. Councilmember
Everett explained that residents living on that portion of property have Page Street addresses, but there
is no street sign. Councilmember Everett said there appears to be a 50’ strip from residences on the
North side to the survey line. Mayor Frith explained when Mr. Loughridge made the deeds there was
supposed to be a certain easement but the easement wasn’t transferred. Mayor Frith said he thinks this
could be straightened out. Councilmember Everett said the street needs to be there and was platted at
one time. A resident on this road said he would appreciate the Council putting a lot of thought into this
because it is a difficult situation and told the Council of the problem of access to his property.
Page 5, January 27, 2004, Council Minutes-Regular Session

Councilmember Everett said he would like to propose to get the Council’s consensus to move forward
with the project and get the matter of the road clarified and get a street sign put up. Councilmember
Everett noted the residents are paying taxes and utilities. Councilmember Everett said he would like
re-establish the road as Page Street with Mr. Loughridge’s cooperation (by survey to find the property
line) and have the City pay for the survey. Councilmember Everett said if this is Mr. Loughridge’s
land and he is not cooperative to deed that portion over to the City to maintain, the Council could
consider invoking prescriptive easement under Florida Statues. Councilmember Everett made a
motion that the City of Perry pay for and get a survey of this property, under the direction of the City
Manager and Director of Public Works, to determine ownership for the purpose of re-establishing the
road as Page Street with the City maintaining the road and providing services to the residents. 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

Councilmember Everett requested staff let him know if the property belongs to Mr. Loughridge so that
he might speak with Mr. Loughridge regarding this matter.

Ms. Alyce Watkins asked the Council if this situation is the same as the Folsom Place discussed earlier
by Mr. Flanders. Mayor Frith told Ms. Watkins the Page Street situation is not the same as the Folsom
Place situation.

Mr. Wayne Dunwoody addressed the Council first to commend police officers for the manner in which
they dealt with concerns of family members and friends during a recent vehicle accident in the
community. Mr. Dunwoody also thanked the Council for the installation of restrooms at Jerkins Park.
Mr. Dunwoody expressed several concerns and had several requests. Mr. Dunwoody told the Council
he would like the City to get rid of the hills (mounds of dirt) at Jerkins Park keep the area cleaned up
and possibly pave the road. Councilmember Alexander told Mr. Dunwoody the hills were put in place
to help retain storm water. Mr. Dunwoody said he was told (the City) was trying to block the road and
commented if there is a drainage problem in the area, the City should fix the drainage problem. Mr.
Dunwoody told the Council he had stated these concerns nine months ago and he would like the City
to make the area nicer. Councilmember Scott asked Mr. Johnson if he knew anything about the hills.

Mr. Johnson said the hills were put there in the first place to discourage vehicle traffic through the
park. Councilmember Feagle asked if the mounds of dirt could be removed. Mr. Brynes said the
Council could direct staff to do this. It was the consensus of the Council that the mounds of dirt at
Jerkins Park be leveled and check to see what could be done with the road.
Page 6, January 27, 2004, Council Minutes-Regular Session

Mr. Dunwoody then spoke about a recent recreational advisory committee meeting where the rules,
code of conduct and bylaws of the recreation advisory board were discussed. Mr. Dunwoody said he
has a concern about the method that would be used for selection of coaches. Mr. Dunwoody said up
until several years ago there had been no problem with the way this was done and there had been no
problem with the way the All-Star baseball selection was done but that there had been problems in the
last couple of years, especially last year. Mr. Dunwoody said one suggestion he would make is that
coaches should not coach their own child(ren). Mr. Dunwoody said another concern is that minority
participation is low and of all the persons who apply, approximately 30-50 would be Caucasian with
maybe only three African-American persons. Mr. Dunwoody said this leaves little chance an African
American coach would be chosen. Mr. Dunwoody spoke specifically that he had been a coach for
years and had the same sponsor for these years. Mr. Kenny Crews also addressed the Council briefly
regarding some concerns about the baseball program.

Councilmember Feagle asked what involvement the City Council had in this matter. Mr. Brynes said
the Council would soon be considering approval of a resolution establishing a code of conduct for
athletic activities and events sponsored by the City. Mr. Dunwoody told the Council this issue is a
major problem for him and he is asking before the Council approves these items they address these
issues.

Mr. Dunwoody commented on the Council’s vote that the City contribute monies from the City’s
unrestricted reserves for the Veterans’ Memorial Park. Mr. Dunwoody said if there are rules the
Council cannot use these monies, they should make the change (in the Charter) to make such monies
legal to use.

Dan Simmons, member of the Perry Rotary Club, addressed the Council to make a presentation of
plans to provide a permanent cover over the stage area at the Forest Capital Park and to request the
City’s support. Mr. Simmons said once built, the County would own the pavilion. Mr. Simmons said
the cost of the project had been estimated at $75,000 to $100,000, with $45,000 already committed to
the project. Councilmember Scott asked how soon the Rotary Club would need to know of any City
contribution. Mr. Simmons said there is no certain time, but as soon the Council could make a
decision would be good.

Concluding this discussion, the meeting continued with Ms. Kenya Hoopell, Gambro Health Care, 118
W. Main St., requesting the Council’s approval to use certain city-right-of-way in front of the Gambro
Health Care building for a handicap parking space. Ms. Hoopell said she makes this request on behalf
of a patient. Councilmembers asked Director of Public Works Barney Johnson if this could be done.
Mr. Johnson said it could and he would take care of it if the Council approves the request. It was the
consensus of the Council that certain city-right-of-way in front of the Gambro Health care building be
used for the purpose of handicap parking.
Page 7, January 27, 2004, Council Minutes-Regular Session

AGENDA ITEM 6(A)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 780

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA AMENDING 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 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 X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

The secretary read Ordinance No. 780 be title only. Mayor Frith opened the public hearing. Director
of Community Development Billy LaValle told the Council the City’s Planning and Zoning Board
heard the request for a change in zoning and notices had been sent out. Mr. LaValle said there were no
objections and the P&Z Board recommends adoption of the ordinance. There was no one from the
public to speak against adoption of the ordinance. Councilmember Everett made a motion that
Ordinance No. 780 be adopted. 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 6(B)…PROCLAMATION – DISASTER RESISTANT NEIGHBORHOOD.

Ms. Patsy Green, American Red Cross, addressed the Council to provide a brief report on activities in
Taylor County and to request the Council proclaim “Disaster Resistant Neighborhood” initiatives as a
part of the Hazardous Weather Awareness Week, February 23 – 27, 2004. It was the consensus of the
Council that this be so proclaimed.

AGENDA ITEM 6(C)…CITY COUNCIL AND STAFF TO BEGIN DISCUSSION OF FY 2004-05


BUDGET, INCLUDING MEANS OF INCREASING REVENUE FOR THE CITY.

City Manager Bill Brynes briefly reviewed cash balances at December 31, 2003 and budgeted revenues
by fund for the current fiscal year. Mr. Brynes discussed in depth budget information for FY 2005 as
follows:
The fiscal year 2005 operating budget is based on the best available information at this time.

Since it is early in the year, this information will probably change as time goes by. There are no
capital purchases in this budget.
Page 8, January 27, 2004, Council Minutes-Regular Session

As can be seen on the budget summary, proposed expenditures exceed proposed receipts by
$479,999.

To balance last year’s budget, the collection of gasoline tax, which in prior years was used to
build roads, was transferred to be used for operating expenses. If the decision to use gasoline
tax collections for daily operations continues after the present paving project is complete, the
City will have no monies available for street paving projects.

Items to consider:

1. Before a commitment is made to increase spending, first determine the estimated cost
and how the increased cost will be paid for.
2. Keep in mind that when the Charter was presented to and voted on by the citizens of the
City of Perry, the City was in a poor financial condition, which meant it was having a
problem paying its bills. Florida Gas was about to cut off the natural gas supply. The
City was financing police cars for more years than the life of the car. This story can go
on and on. What caused this was almost free sewer and the Council not raising
adequate revenue to operate the City. A rate study was finally completed, which caused
about a 25 percent increase in utility rates. This 25 percent rate increase was put in
place all at one time. For years after the initial increase, small increases were put in
place each year. Naturally, the ratepayers were upset. Their instructions to the Council
were that, although they knew rates would increase, they wanted the increases in small
amounts each year, so there would not be such a large increase in any single year.

If you remember the financial condition of the City when the Charter was written, you
understand why “The total of proposed expenditures shall not exceed the total of
estimated income” was placed in the Charter. This was an effort to force the City to
operate within a budget and a method to require the funding of monies for the budget.

3. Concerning $3,988,233 unrestricted cash surplus held by the City:


a. The City is constructing a spray field mainly with money saved over a period of
years. If the cost of the spray field exceeds the anticipated cost, it will be
necessary to use some of this cash that is held in reserve.
Page 9, January 27, 2004, Council Minutes-Regular Session

b. The sewer plant is reaching capacity and work is needed on the existing system.
For example, reconstruction or construction of the three major pump stations is
needed and must be done sooner than later. It is estimated this cost could be as
much as $750,000.

Since the existing sewer plant is nearing capacity, the City should begin
planning to expand the existing sewer treatment plant. An estimate of a
500,000-gallon plant is about $2,000,000. If the City does not plan for the
future, the day will come when no additional connections can be made to the
system. Due to the high inflow and infiltration the system experiences during
heavy rains, DEP has discussed the inflow and infiltration problem of the
system.

If DEP was to place a consent order on the system, no additional connections


could be made.

Concerning this issue, I would recommend the Council proceed with the
necessary work on the three pump stations. I would also recommend the
Council, by ordinance, set aside $2,000,000 for expansion of the wastewater
treatment plant. These cash balances were created by the utilities of the City and
once could argue they should be used to expand or maintain the utilities.

At this time, no one knows if $2,000,000 is enough but it will be a good start.
Also, at this time, I don’t know if the City could borrow the necessary money to
fund the construction of additions to the wastewater plant.

The present wastewater bond issue of $2,000,000 requires about $163,500 per
year of principle and interest or about $7.04 per customer per month.

If it is assumed, all things being equal, the City borrowed an additional


$2,000,000 it would be an increase of about $7.04 per month per customer. If
nothing was set aside and $4,000,000 was borrowed, each customer would see a
$14.08 increase per month. In some cases, this would double a person’s sewer
bill.

The policy of the City saving for the future and using the savings for capital
expenditures has been very successful and I would recommend the Council
formalize this policy in writing by ordinance.

4. No salary increases have been proposed at this time.


5. No insurance adjustments have been made at this time.
6. The additional cost to operate the spray field is not included.
7. No additional costs for the sports complex are included.
Page 10, 2004, January 27, 2004, Council Minutes-Regular Session

8. There will probably be increases in the police and fire pension costs, which will
increase the costs over revenues of the proposed budget.
9. Manhole Rehab cost estimates being obtained
10. Need to provide emergency power to fire department (City Hall) building and remove
flooding condition in area behind utility billing office.

In discussing work needed on three pump stations, Mr. Brynes said the city engineer is thinking of
building three new pumping stations. Mr. Brynes said he and Director of Public Works Barney
Johnson think the existing stations could possibly be rehabbed.

In concluding discussion of the budget, Councilmember Feagle suggested the Council schedule budget
workshops, one per month, to discuss budget issues in depth. The Council agreed to set the first
budget workshop for Monday, February 16, 2004 at 5:30 p. m. and try to hold each workshop meeting
to two hours discussion.

AGENDA ITEM 6(D)…CITY ENGINEER TO PROVIDE A COST PROPOSAL REGARDING


WARNER STREET STORM WATER PROBLEM.

Mike Murphy, city engineer was not present. City Manager Bill Brynes told the Council Mr. Murphy
did not yet have a cost proposal ready regarding the Warner Street storm water problem. Mr. Brynes
told the Council the City might have another option through the Suwannee River Water Management
District (SRWMD). Mr. Brynes told the Council he had met with individuals at SRWMD and he
would be making application for assistance.

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


OF PERRY POLICE OFFICERS’ RETIREMENT TRUST FUND BOARD.

Mr. Brynes told the Council board members Karl Weiss and Don Lincoln agreed to serve another term
on the Police Officers’ Retirement Trust Fund Board. Councilmember Everett made a motion to
reappoint Karl Weiss and Don Lincoln to another term. The motion was 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 6(F)…CITY COUNCIL TO DISCUSS RULES/METHODS RELATING TO


TRANSIENT MERCHANTS. (TABLED FROM THE JANUARY 13, 2004, COUNCIL MEETING).

It was the consensus of the Council to table this item to the February 10, 2004 Council meeting.

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


ORDINANCE (TABLED FROM THE JANUARY 13, 2004 COUNCIL MEETING).

It was the consensus of the Council to table this item to the February 10, 2004 Council meeting.
Page 11, January 27, 2004, Council Minutes-Regular Session

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes said he had received a request from the Veterans of Foreign Wars and American Legion
organizations for two loads of fill dirt at the organization’s property. It was the consensus of the
Council that the City provide two loads of fill dirt to the organization property.

Mr. Brynes provided the Council with information from Director of Recreation Glenn Ratliff
pertaining to baseball rules, code of conduct and bylaws of the recreation advisory board. It was the
consensus of the Council this item be discussed at a later date with Mr. Ratliff.

AGENDA ITEM (8)…DEPARTMENT HEADS.

Director of Community Development Billy LaValle told the Council the Arbor Day tree-planting
ceremony that had been scheduled for January 15 had to be rescheduled to Wednesday, January 28 at
Gerald Walker Park due to line location concerns at the cemetery. Mr. LaValle invited the Council to
attend.

Mr. LaValle told the Council the City’s Tree Board had met this day and requests the Council commit
the city to take care of its investment (watering trees, shrubs, etc.)

Mr. LaValle said two members (Mike Lynn and Duane Gregory) of the City’s Construction Industry
Licensing Board have resigned. Mr. LaValle told the Council Mr. Lawson and Mr. Pillow have agreed
to serve in these vacant positions if the Council so wishes or if the Council knows of any other
contractors they would want to appoint, they could call him or bring this issue back to the Council at a
future date.

Ms. June Byers, Attorney in attendance for Bill Blue, told the Council Mr. Blue again requests
Council’s direction on matters of amendment to the City’s Charter or a vote to allow legal counsel to
start work on this item. Mayor Frith addressed Ms. Byers and asked if counsel is asking for an
approval to go through the Charter and recommend any and all changes counsel deems necessary. Ms.
Byers said counsel is asking for the Council’s direction as to what it wants counsel to do.

Councilmember Everett said it’s his understanding there is only one portion of the Charter that has
created some concern and this would require the changing of one word. It was noted there might be
other issues and any change would require a voter referendum. Councilmembers agreed this item
should be discussed further. Mayor Frith suggested, in addition to a budget workshop, the Council
have a workshop to review the Charter. Councilmembers agreed.

City Manager Bill Brynes said another way the Charter could be changed is to have a judge make a
decision on the issue. Mr. Brynes told the Council the City’s attorney doesn’t agree. Councilmember
Everett said he doesn’t think this is the attorney’s decision to make. Councilmembers agreed they
could discuss this matter at the next Council meeting.
Page 12, January 27, 2004, Council Minutes-Regular Session

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle asked Mr. Johnson when the Christmas street banners would be removed from
the downtown area. Mr. Johnson said the City doesn’t have a truck to remove them and had rented a
platform to install them last month. When asked, Mr. Johnson said the cost to rent a platform for one
day was $200 to $300. Councilmember Feagle said she would like to request the Council’s approval
that the City rent a platform to remove the Christmas banners. Councilmember Alexander made the
motion that the City rent a platform for the purpose of removing the street banners at a cost of $200 to
$300. 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

Councilmember Feagle commended Chief of Police Wayne Putnal on the work the city’s police
department has done concerning drug control in the community.

Councilmember Feagle agreed the loss of shrubbery around the duck pond at Veterans’ Park should be
replaced and asked staff to bring back a recommendation.

Mayor Frith noted the City of Perry had again qualified and been named a “Tree City” by the Secretary
of Agriculture.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:30 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date

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