CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
July 9, 2002

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

MEMBER ABSENT: William Alexander

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, Sarah Drawdy, Bill
Blue 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 roll was then called by
the secretary.
PRESENT ABSENT
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

City Manager Bill Brynes said Councilmember Alexander had called to say that he was ill and would
not be able to attend the meeting.

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

EMPLOYEE(S) FOR YEARS OF SERVICE.

Mr. Danny Lundy, Supervisor of Wastewater Treatment Plant, was not present.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES

After a brief review of the minutes, Councilmember Feagle made a motion to adopt the minutes of
June 23, 2002, Regular Session and July 2, 2002, Special Session as written; seconded by
Councilmember Scott 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

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

Mr. Joe Robinson, 801 W. Dundee, addressed the Council requesting that the City do something about
drug activity in the area of 707 Dundee and Bacon. Mr. Robinson said he has been before the City
Council with this request before and has also been to the police department and is hoping something
can be done.

Local school students, representing Students Working Against Tobacco (SWAT), addressed the City
Council to request the Council’s consideration of adopting an ordinance that would require all tobacco
products be placed behind store counters and not accessible to the public. Students provided statistics
from various counties on usage of tobacco products by young people and those counties who have
Page 2, July 9, 2002, Council Minutes – Regular Session

already adopted such an ordinance. Student Angela Watford told the Council the Taylor County Board
of County Commissioners has already adopted an ordinance on this issue. Asked by Councilmember
Scott to give his view, City Attorney Bill Blue said, legally, young people cannot purchase these
products; and, since Taylor County is a non-charter county, any ordinance passed by the County that
does not conflict with a City ordinance already applies. Mr. Blue said since the County has passed the
ordinance, that ordinance is the law within the City limits. Mr. Blue said the group is just asking, from
a policy standpoint, that the City adopt an ordinance. Mayor Frith suggested the City’s support and
agreement with the adoption of the County ordinance could be done through a city resolution. Mayor
Frith thanked the students and asked for time to read the information provided and then the Council
would take some action on the issue.

Mr. Donald Blue, Blue Rock Construction, addressed the Council regarding the bid recently awarded
to Charles L. Slaughter Construction for the City’s downtown drainage improvement project. Mr.
Donald Blue said he did not bid directly on the project but did bid as a sub-contractor because at the
time he did not have an underground utility license. Mr. Donald Blue said Charles L. Slaughter
Construction was not licensed to bid the job. Mr. Donald Blue said the law requires that a contractor
must have an underground utility license for this work. Mr. Donald Blue said he is not questioning Mr.
Slaughter’s ability to do the job, but he is not licensed to do the work. Mr. Donald Blue said all he is
asking is that the City have everyone abide by the same rules.

Councilmember Everett said Mr. Blue had brought this to his attention and his concerns were that the
City be consistent and fair. Councilmember Everett said he feels the city engineer and city staff has
failed in this case by not checking out pre-qualifications. Councilmember Everett said if this is
allowed to continue, the City has set a precedent for the future. Councilmember Everett asked where
the City stood (in this job) from a legal standpoint. City Attorney Bill Blue said he spoke with the
Department of Business and Professional Regulation (DBPR) this day and facts of the issue are: The
City cannot contract with an unlicensed contractor unless the contractor is an employee of the City;
any contract the City enters into is unenforceable—the City would take the contract at risk. Mr. Blue
said, at this point in time, Mr. Slaughter cannot hire a contractor to do the work for him—he could hire
a contractor to become qualified and then finish the work. Mr. Blue said, according to DBPR, doing
this would take approximately six weeks and during that time, no work could be done at the site. Mr.
Blue said DBPR is not 100 percent confident Mr. Slaughter could get qualified within that time due to
a complaint that has been filed against him.

City Attorney Bill Blue said, after reviewing the contract, in his opinion the City basically has two
alternatives. Mr. Blue said one would be to enter into a modification contract where Mr. Slaughter
agrees he would obtain a license to become a licensed contractor to complete the job within the
specified time of the contract. The second alternative would be to terminate the contract due to Mr.
Slaughter not being qualified and not operating under the law as required. Mr. Blue said the City could
give Mr. Slaughter the opportunity to cure the problem, although about 42 days will be gone
Page 3, July 9, 2002, Council Minutes – Regular Session

with the application process. Councilmember Feagle asked why the contract could not be terminated
and the City re-bid the job. Mr. Blue suggested Mr. Slaughter be given an opportunity to address the
Council. Mr. Slaughter said he should have the opportunity to establish his certification by hiring
someone who is licensed and they could be his certifying agent. Mr. Slaughter said he has been
stocking materials for the job for three weeks and has approximately $70,000 worth of material sitting
on the ground.

Councilmember Scott asked what the bidding procedures say. Councilmember Everett said if there is
one, it had not been followed and made a motion to terminate the contract with Charles L. Slaughter
Construction and re-bid the project. The motion was seconded by Councilmember Feagle 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

Mr. Slaughter said if the City could work it out where the City pays the “invoice cost” for the
materials, he thinks the City would save money this way. Councilmember Scott said, in light of the
situation, she would like to move that the City purchase the materials, less sales tax from Mr.
Slaughter, with Mr. Slaughter providing all invoices for the material. Councilmember Everett
seconded the motion 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

AGENDA ITEM 6(A)…INTRODUCTION AND FIRST READING – ORDINANCE NO. 760

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING THE TEXT OF THE CITY
OF PERRY LAND DEVELOPMENT REGULATIONS, AS AMENDED, PURSUANT TO AN
APPPLICATION BY THE CITY COUNCIL; PROVIDING FOR AMENDING SECTION 5.72.2;
ENTITLED STREET IMPROVEMENT SCHEDULE, TO ESTABLISH A NEW STANDARD C
CLASSIFICATION OF RESIDENTIAL SUBDIVISION WITH LOTS GREATER THAN 20,000
SQUARE FEET IN SIZE, AND TO ESTABLISH STANDARDS FOR IMPROVEMENTS IN SUCH
SUBDIVISIONS; PROVDING SEVERABILITY; REPEALING ALL ORDINACES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 760 be read by title only. The motion was
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
Page 4, July 9, 2002, Council Minutes – Regular Session

Councilmember Feagle asked how this proposed amendment differs from the current ordinance. City
Manager Bill Brynes said the current Land Development Regulations has streets in a residential area at
24 feet, which is very expensive and too wide. Mr. Brynes explained this amendment would narrow
this number down to a reasonable amount. Mayor Frith said Ordinance No. 760 would be brought
back before the Council for a public hearing and final reading at the July 23, 2002 Council meeting.

AGENDA ITEM 6(B)…CITY COUNCIL AND STAFF TO DISCUSS COPY FEES FOR REQUESTS
FOR CITY DOCUMENTS.

Mr. Brynes said this item is on the agenda for the Council’s consideration of drafting an ordinance,
which would set out copy costs and labor costs for retrieving city documents. Mr. Brynes explained
that the City often receives requests for a large number of documents, some of which may have been
stored away for several years. Mr. Brynes said, most often, these requests come from attorneys. City
Attorney Bill Blue suggested the ordinance be drafted to apply to specific public document requests.

Councilmember Feagle said she would be interested to know what other cities charge for such
document requests. There was a brief discussion on how copies should be charged. City Attorney Bill
Blue suggested charging “x” number of cents per page and so much per hour that takes more than 15
minutes to retrieve. Mr. Brynes suggested getting a draft ordinance prepared for review.

AGENDA ITEM 6(C)…CITY COUNCIL AND STAFF TO DISCUSS STREET PAVING BIDS.

City Manger Bill Brynes reviewed the bids as follows:

1. Peavy & Son $374,100

2. Anderson Columbia $499,300
3. Mitchell Brothers IMPROPER BID
4. APAC – Florida Inc. $369,500

Mr. Brynes said the low bid was received from APAC – Florida Inc. A representative from APAC
addressed the Council and gave a brief background of the company and its experience and discussed
the type of materials the company uses in its work.

After discussion, Councilmember Feagle made a motion to award the bid to the low bidder APAC –
Florida, Inc. The motion was seconded by Councilmember Scott 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
Page 5, July 9, 2002, Council Minutes – Regular Session

AGENDA ITEM (7)…CITY MANAGER.

There was no discussion at this time.

AGENDA ITEM (8)…DEPARTMENT HEADS.

In reference to discussion at the June 25, 2002, Council meeting pertaining to business owner David
Sullivan requesting a refund of fees paid for a city occupational license, City Attorney Bill Blue told
the Council the statute does not cover Mr. Sullivan because he is not engaged in a business regulated
by the Department of Business and Professional Regulation (DBPR). Mr. Blue gave some reasons
why he does not believe it applies to Mr. Sullivan. One is that his business is neither temporary nor
transitory. Mr. Blue said the City has the ability to levy a fee because Mr. Sullivan does a substantial
business in the City. Mr. Blue said there is another statute that gives cities the ability to levy
occupational tax to someone who has a branch operation. A third reason is if a (person) does not have
a permanent business but engages in business within the City, that person can be taxed. Mr. Blue told
the Council there were no court decisions interpreting the Florida Statues on such an issue, but there is
an Attorney General opinion but it does not address temporary or transitory issues. Mr. Blue said if the
AG were required to consider what temporary or transitory means, it would be forced to conclude that
the City has the ability to tax businesses regulated by DBPR located in the county because they do
business in the City that is neither temporary nor transitory.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle asked for an update on:

a. The railroad crossing on Bishop Blvd. Mr. Johnson said he had sent a letter to the railroad
but has not heard back from them.
b. “Junkyard” on Center Street. Director of Community Development Billy LaValle said the
owners have 30 days to response.
c. Traffic light at Green Street and Washington Street. Mr. Johnson said it would be hard to
change the signal time and would cost approximately $3,000 to $4,000.
Councilmember Feagle commented about the mowing of city right-of-ways and asked about the
possibility of summer help. Mr. Johnson said with all the rain it is difficult to keep the right-of-ways
mowed. Mr. Johnson said there would a liability with the type of summer help Councilmember Feagle
spoke of.

Councilmember Feagle suggested the Council and staff have a daylong workshop when beginning
discussing of the City’s budget and invite the public, as there are so many issues to discuss.
Councilmembers agreed this would be a good idea if it could be held on a Saturday.

Councilmember Scott asked staff to check on a certain vacant house and a vacant lot. Councilmember
Scott said there are overgrown bushes near Willow Street. Mr. LaValle said a letter had already been
sent out about this.
Page 6, July 9, 2002, Council Minutes – Regular Session

Councilmember Everett requested a streetlight on Puckett Road at Davis Drive. Councilmember

Everett said there is a bus stop at this location and feels for the safety of children a light should be
installed. It was the consensus of the Council that a streetlight be installed.

Mayor Frith commented there may be an opportunity for the City to acquire the old Gladys Morse
Elementary School and asked Councilmembers to be thinking about this. Mayor Frith noted the
possibility that the building could be used for relocating the City’s Recreation Department and
commented the City has received requests from individual groups for office space.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 7:20 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date