CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
February 25, 2003

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

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, June Byers 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

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

EMPLOYEE(S) FOR YEARS OF SERVICE.

Mayor Frith presented a certificate of appreciation to Billy LaValle, Director of Community

Development for ten years of service.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Everett made a motion to adopt the minutes of
February 4, 2003, Special Session and February 11, 2003 Regular Session as written; 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)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

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

AGENDA ITEM 6(A)… PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 771

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING THE TEXT OF THE CITY
OF PERRY LAND DEVELOPMENT REGULATIONS, AS AMENDED, PURSUANT TO AN
APPLICATION BY THE CITY COUNCIL; PROVIDING FOR AMENDING SECTION 4.2.7,
ENTITLED MINIMUM YARD REQUIREMENTS IN “CSV” CONSERVATION ZONING
DISTRICT, SECTION 4.3.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “ESA”
ENVIRONMENTAL SENSITIVE AREAS ZONING DISTRICT, SECTION 4.4.7, ENTITLED
MINIMUM YARD REQUIREMENTS IN “A” AGRICULTURAL ZONING DISTRICTS, SECTION
4.5.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “RSF” RESIDENTIAL,
(CONVENTIONAL) SINGLE FAMILY ZONING DISTRICT, SECTION 4.6.7, ENTITLED
MINIMUM YARD REQUIREMENTS IN “RSF/MH” RESIDENTIAL, (MIXED) SINGLE
FAMILY/MOBILE HOME ZONING DISTRICTS, SECTION 4.7.7, ENTITLED MINIMUM YARD
REQUIREMENTS IN “RMH” RESIDENTIAL MOBILE HOME ZONING DISTRICTS, SECTION
4.8.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “RMH-P” RESIDENTIAL, MOBILE
HOME PARK ZONING DISTRICTS, SECTION 4.9.7, ENTITLED MIMIMUM YARD
Page 2, February 25, 2003 Council Minutes – Regular Session

REQUIREMENTS IN “RMF” RESIDENTIAL, MULTIPLE FAMILY ZONING DISTRICTS,

SECTION 4.10.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “RO”
RESIDENTIAL/OFFICE ZONING DISTRICTS, SECTION 4.11.7, ENTITLED MINIMUM YARD
REQUIREMENTS IN “O” OFFICE ZONING DISTRICTS, SECTION 4.12.7, ENTITLED
MINIMUM YARD REQUIREMENTS IN “CN” COMMERCIAL NEIGHBORHOOD ZONING
DISTRICTS, SECTION 4.13.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “CG”
COMMERCIAL GENERAL ZONING DISTRICTS, SECTION 4.14.7, ENTITLED MINIMUM
YARD REQUIREMENTS IN “CI” COMMERCIAL, INTENSIVE ZONING DISTRICTS, SECTION
4.16.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “CSC” COMMERCIAL SHOPPING
CENTER ZONING DISTRICTS, SECTION 4.17.7, ENTITLED MINIMUM YARD
REQUIREMENTS IN “ILW” INDUSTRIAL, LIGHT AND WAREHOUSING ZONING DISTRICTS,
SECTION 4.18.7, ENTITLED MINIMUM YARD REQUIREMENTS IN “I” INDUSTRIAL ZONING
DISTRICTS AND SECTION 4.19.6 (8), ENTITLED PROCEDURE FOR APPROVAL OF A
PLANNED RESIDENTIAL DEVELOPMENT, TO EXEMPT DEVELOPMENT WITHIN THE
THIRTY-FIVE (35) FOOT NATURAL BUFFER FROM WETLANDS LESS THAN ONE-HALF
(1/2) ACRE IN SIZE CONSISTENT WITH SECTION 12.2.2.1 OF THE SUWANNEE RIVER
WATER MANAGEMENT DISTRICT’S ENVIRONMENTAL RESOURCE PERMIT HANDBOOK;
PROVIDING FOR AMENDING SECTION 4.3.12, ENTITLED ADDITIONAL RESTRICTIONS IN
ENVIRONMENTALLY SENSITIVE AREAS, TO INCLUDE THE PROHIBITION OF
DEVELOPMENT WITHIN ALL WETLANDS NOT EXEMPTED FROM SECTION 4.3.7;
PROVIDING FOR AMENDING SECTION 4.20.27, ENTITLED WATERFRONT YARDS-
MINIMUM REQUIREMENTS, TO CHANGE THE WATERFRONT YARD REQUIREMENT FROM
FIFTY (50) FEET TO THIRTY-FIVE (35) FEET; PROVIDING SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 771 be read by title only. 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

The secretary read Ordinance No. 771 be title only. Mayor Frith opened the public hearing. There was
no one to speak for or against Ordinance No. 771. Mayor Frith closed the public hearing.
Councilmember Feagle made a motion to adopt Ordinance No. 771; 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

With the consent of the Council, Mayor Frith deviated from the agenda to discuss:

AGENDA ITEM 6(C)… CITY COUNCIL TO CONSIDER APPROVAL OF THIRD JUDICIAL

CIRCUIT MUTUAL AID AGREEMENT.

Mayor Frith noted this is a standard agreement adopted annually between surrounding law
enforcement agencies. Mayor Frith said the agreement allows those law enforcement agencies to act
within the City’s jurisdiction, if needed, and vice versa.
Page 3, February 25, 2003 Council Minutes – Regular Session

Councilmember Alexander made a motion to approve the mutual aid agreement. 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

Mayor Frith continued with AGENDA ITEM 6(D)…CITY COUNCIL TO DISCUSS THE OLD HIGH
SCHOOL PROPOERTY FOR THE BOYS AND GIRLS CLUB.

Noting his absence during previous discussion of this item, Mayor Frith asked the Boys and Girls
Club’s intended use of the property. Boys and Girls Club president Kevin Kidd said the B&G Club’s
original plan was to build a new facility for the children of the community. Mr. Kidd said he spoke
with city manager Bill Brynes recently and he and Mr. Brynes came up with an alternative. Mr. Kidd
thanked Mr. Brynes for his help in looking into this alternative.

Mr. Brynes said, looking at the particular piece of property, the area is low and any building put there
would have to be elevated. Mr. Brynes said he suggested to Mr. Kidd that the B&G Club facility could
remain where it is presently located and that facility could be expanded and the building elevated to
meet the flood requirements. Mr. Brynes noted there is a church building on adjacent city property that
would soon be vacated.

Mayor Frith asked what the City (Council) had officially done regarding the B&G Club initial request
for the old high school property. Councilmember Everett said the Council voted to dedicate the
property to the B&G Club contingent upon zoning and the Boys and Girls Club receiving funding in a
specified time and placing a time period of ten years. Councilmember Everett said in his discussions
with B&G officials and board members they agree with the city manager that where the Club is
currently located is good if they can move closer to Center Street. Board member Emily Ketring said
they are looking to let go of the old high school property and stay at the current location.
Councilmember Feagle asked if the B&G Club’s intent to stay in their current location should be
posted in case there is someone in that area who may object. Mr. Everett said if this is the case, they
could come to a Council meeting to discuss it with the Council. Mr. Kidd said they had “polled” the
neighbors and had received no negative response.

Councilmember Alexander made a motion to rescind the Council’s previous motion made December
10, 2002, regarding dedicating the old high school property to the Boys and Girls Club. 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
Councilmember Everett then made a motion that the B&G Club proceed with plans to expand the
existing facility with the same contingencies that applied to the old high school property i. e. meet
zoning requirements, and the Boys and Girls Club receiving funding in a specified time and placing a
time period of ten years. 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(B)…BRUCE FRENCH, REGIONAL MANAGER WITH GANNETT FLEMING,

INC. TO DISCUSS TOWERS AND WIRELESS FACILITIES ORDINANCE SERVICES.

Mr. French said Gannett Fleming provides services to local governments for regulating cell towers and
wireless facilities. Mr. French said most local governments do not have the staff nor specialized
engineers to review applications for construction and Gannett Fleming, Inc., could provide an
ordinance or review an existing municipal ordinance for the Council.

Mayor Frith asked Mr. French if he was aware the Council had recently spent a good deal of time
going over and then adopting such an ordinance. Mr. French said he was aware of this. Mayor Frith
said, speaking for himself, bringing in someone else might deter construction of additional towers
throughout the areas. Councilmember Everett continued that the Council did discuss specifically and
decided the City does not need to compete with private business and private business owners.
Councilmember Everett said his opinion is that the City doesn’t want or need to be in that business and
this should stay in the private industry. Councilmembers agreed. Mr. French thanked the Council for
their time and left the meeting.

AGENDA ITEM 6(C)…CITY COUNCIL TO CONSIDER APPROVAL OF THIRD JUDICIAL

MUTUAL AID AGREEMENT

Discussed earlier.

AGENDA ITEM 6(D)…CITY COUCNIL TO DISCUSS THE OLD HIGH SCHOOL PROPERTY
FOR THE BOYS AND GIRLS CLUB.

Discussed earlier.

AGENDA ITEM 6(E)…CITY COUNCIL TO DISCUSS CITY’S STREETLIGHT POLICY.

Councilmember Scott said she had requested this item on the agenda. Councilmember Scott said
residents in the El Rancho Subdivision area had concerns about what they said was inadequate lighting
in areas of this neighborhood. Ms. Marva Edwards, 106 El Matador, addressed the Council. Ms.
Edwards said along this street, El Dorado and others, there is not sufficient street lighting. Ms.
Edwards said Councilmember Scott told her that Director of Public Works Barney Johnson said the
City’s streetlight policy is such that streetlights are not to be placed less than 300’ apart. Ms. Edwards
said she and other residents would like to request the Council’s reconsideration. There were several
other area residents who addressed this issue with the Council.

Mayor Frith said the policy refers to city installed and maintained lights. Mayor Frith said placement
of streetlights is keep at a specific distance to keep costs down while covering a safe area. Mayor Frith
said he would like to see a streetlight schedule and determine what are city-installed lights and what
are privately paid for lights. Councilmember Scott said she would like to encourage Mr. Johnson to go
to this area at night and see for himself how dark the area is. Councilmember Scott said even though
the policy says 300’ the Council might want to make allowances. Ms. Edwards said is some areas it
appears the streetlights are closer than 300’. Mr. Johnson commented these were placed there before
the 300’ policy was made.

Councilmember Feagle noted another resident who lives in another area. Mr. Elaine Vincent, 131 E.
Nancy Street, said this area of her neighborhood dark and the light at 122 Nancy is always out.
Councilmember Feagle said she could vouch that this area is dark. Mr. Johnson noted the pole that
Ms. Vincent would like to have a light on does not meet the streetlight policy criteria. There were
other areas mentioned that might need looking into.

Mr. Johnson said he has contacted Florida Power (now Progress Energy) several times with no
response. Councilmember Feagle said the City should seriously address this problem with Florida
Power, even looking at the franchise agreement. Mayor Frith requested staff to write Florida Power
and request a representative to come before the City Council at the next meeting.

Mr. Johnson noted a request for a streetlight on Judson Drives meets the streetlight policy. It was the
consensus of the Council that a streetlight be installed at this location Ms. Pat Anderson who lives at
107 El Matador voiced her concerns about safety and how dark it is in her area. Residents suggested
Mr. Johnson and Councilmembers to drive through this area at night and see for themselves how dark
the area is. Mr. Johnson said he would caution the Council when looking at these areas that what might
be dark to him may not be dark to someone else and vice versa.

City Manager Bill Brynes said staff could bring a map of the El Rancho area back to the Council for
review. Ms. Vincent requested a special exception to the policy for lighting in the area of her
residence. Councilmember Everett said the policy affords a lot of discussion but Council should be
prepared to make the same exceptions (if exceptions are given) all over the city. Councilmember
Everett said this should be an agendaed item for the next meeting and thinks there is an urgency on
these requests. Councilmember Feagle commented if exceptions are made (as requested) there would
not necessarily be a lot of people asking for streetlights because some people may not want streetlights
in their area. Councilmember Everett said the City just needs to be consistent and fair with the policy.

Mayor Frith asked Mr. Johnson if the City pays per light. Mr. Johnson said the City pays per light
whether they are burning or not. After discussion, Council requested this item be brought back for
discussion.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes reviewed three requests.

1. The first request was from the School Board. Mr. Brynes said the Board would like to explore
the possibility of connecting the Taylor Technical Institute to the City’s wastewater collection
system at the United Welding site. Councilmember Scott noted the City had this is mind when
installing sewer lines under a CDBG for United Welding. It was the consensus of the Council to
give approval for the School Board to explore the possibility of connecting to the City’s
wastewater collection system.
2. Mr. Brynes told the Council the paving lot at the Methodist Church downtown is about to be
paved and he received a call wanting to know if the City, at its expense, would like to have the
street between the library and the church (Leon Street) paved. Mr. Brynes estimated the cost at
$3,700. Councilmember Feagle asked how this cost would compare when the City gets ready to
pave streets again and contracts the paving out. Mr. Brynes said if it were bid out right now it
would be high because of the cost of fuel. Mr. Brynes said the $3,700 is a little higher than what
the City just paid for paving (resurfacing). Councilmembers agreed the street needed paving
(resurfacing) and asked the City Manager’s recommendation. Mr. Brynes said he would
recommend having the street paved (resurfaced) while these contractors are in the area.
Councilmember Feagle made a motion to approve funding to pave (resurface) Leon Street. 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

Mayor Frith noted at one time, the church had requested in-kind services from the City. Mr. Johnson
said the City has not done any work at the church because the church had not asked for anything.

3. Mr. Brynes said he received a request and plea for the City’s help in relocating playground
equipment from the old Gladys Morse Elementary School to the Perry Elementary School. Ms.
Emily Ketring said the Parent Teacher Organization (PTO) had looked at having the equipment
moved but $2,500 to $3,000 would have to come out of monies collected for a reading project to
pay for moving it. Mr. Brynes said the City could move it with the help from the School Board.
 It was noted the School Board doesn’t have the equipment to move the playground equipment.
After discussion, Councilmember Everett made a motion that the City move the playground
equipment from the old Gladys Morse Elementary School to the new Perry Elementary School.
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 (8)…DEPARTMENT HEADS.

Noting the lack of a quorum for the City’s Construction Industry Licensing Board at the last couple of
meetings, Director of Community Development Billy LaValle requested a 60-day extension for
selection of a chairperson for the Board. It was the consensus of the Council to allow a 60-day
extension to select a chairperson for the City’s Construction Industry Licensing Board.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Mayor Frith read a letter of commendation and appreciation to the City from Yarborough Tire &
Automotive Services regarding work performed by city employees in clearing off a vacant lot next to
the business. Mayor Frith also noted the letter from Tom’s Foods, Inc., commending employees on
their help and professionalism when a fire broke out at the plant. Mayor Frith said it is good to get
positive letters such as those.

Councilmember Feagle had several requests:

1. Replace fence around City Park and increase parking spaces. Councilmember Feagle
suggested the entire fence be replaced. After a brief discussion, Mr. Brynes said he would get
some costs on replacing the fence.
2. Signs at the city park need to be replaced .
3. Garbage cans at Veterans’ Park and at City Park. Councilmember Feagle said the new cans
look very good.
4. Pond at Veterans’ Park. Councilmember Feagle said the brush around the park needs to be
cleaned up.
5. Fencing at the recreation office Mr. Brynes noted this is Boys and Girls Club property.
6. Eternal Flame (located at the Court house) is out.
7. Paving of Buckhalter Street. Mr. Johnson said this could be looked at when the City does “new
construction” (roads that have never been paved before). Councilmember Feagle said this
would be a priority for her.
8. Councilmember Feagle said there are deep holes at a lot of the intersections in Clark
Subdivision. Mr. Johnson said this cannot be prevented because of the way trash is picked but
work crews try to dig these out periodically.
 9. Burned house on Hendry Ave. Mr. Johnson said the house is scheduled to be torn down the
following week.

Mr. Johnson said new street signs will be put in place soon.

Councilmember Alexander told Chief of Police Wayne Putnal there might be illegal activity in the
alleyway on Front Street and people are dumping trash in the alley.

Councilmember Scott asked Mr. LaValle for an update on certain property on Willow Street. Mr.
LaValle said a letter had been sent to the property owner and Lt. Vern Clark had contacted the owner.
Mr. LaValle said, supposedly, a deal had been worked out where the next renter of the property would
clean the property for some free rent. Mr. LaValle said he could give another ten-day notice to the
owner if Council wishes. Mr. LaValle asked if Council would back him up if further steps had to be
taken, such as city employees cleaning the property and the City billing the property owner. Mr.
LaValle said he didn’t mean to appear disrespectful but that he was very frustrated with this issue.
Councilmember Scott requested this be done.

Councilmember Scott told fellow Councilmembers she and Councilmember Feagle would like to
attend a Southern Women in Public Service conference in Arkansas in April and would like the
Council’s permission to do so. When asked the cost, Councilmember Feagle said it would be
approximately $600. Mayor Frith asked if this trip would be in lieu of the annual Florida League of
Cities Conference in August. Councilmember Scott said they would like to attend both, if possible.
Mayor Frith said he didn’t mind and Councilmembers Alexander and Everett agreed.

Councilmember Scott commented it was good to have the Mayor back at the meetings after his
absence. Mayor Frith thanked fellow Councilmembers and staff for their support while he was absent.

Mayor Frith said a local resident is requesting the City cut down a certain tree. Mr. Johnson said the
City’s Tree Board would have to give approval. Mr. LaValle told the Council an arborist would be
coming to Perry and could provide some input. Councilmember Feagle said there is an oak tree on
Clark Street that has been cut with a “U” shape and is unsightly. Mr. LaValle said Florida Power
encourages the City to cut down trees by power lines.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 7:30 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date